MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 March 2002                  
	DOCKET NUMBER:   AR2001063697

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Gale J. Wire		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A -  Application for correction of military 
                             records
	Exhibit B -  Military Personnel Records (including
	                  advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that the security clearance he held, the background investigation conducted on him, and access to classified information level granted him be added to his separation document (DD Form 214).

APPLICANT STATES:  In effect, that the level of his clearance and access to classified information level were not designated in his separation document
(DD Form 214).  He further states the evidence confirming this information is on file in his Official Military Personnel File (OMPF).  

EVIDENCE OF RECORD:  The applicant's military records show:

On 29 May 1967, he enlisted in the Regular Army for 3 years.  He was trained and served in military occupational specialty (MOS) 05C (Radio Teletype Operator) and the highest rank he attained while serving on active duty was specialist/E-4 (SP4). 

The applicant’s Enlisted Qualification Record (DA Form 20), prepared on 3 June 1967 and last audited by him on 10 March 1970, confirms in item 
19 (Investigations and Clearances) that he was granted a Secret security clearance based on a National Agency Check that was completed on 23 June 1967.  His Military Personnel Records Jacket (MPRJ) does not contain a copy of his Certificate of Clearance and/or Security Determination (DA Form 873) or any other documents that show he ever underwent a special background investigation (SBI) that led to him being awarded a security clearance with access to crypto level classified information. 

The DD Form 214 issued to and authenticated by the applicant with his signature on the date of his separation, 16 March 1970, does not include a reference to the security clearance he held, the background investigations conducted on him during his tenure on active duty, or the classified information access level he was granted.  Further, the DD Form 214 does not contain entry items that would reflect that type of information. 

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board notes the applicant’s request that his separation document include an entry that indicates the security clearance he held, the background investigation completed on him, and the classified information access level he was granted.  However, it finds no evidence or basis to support granting this relief. 

2.  The DD Form 214 issued to the applicant upon his separation was prepared in accordance with the applicable regulations in effect at the time and it included all the required information.  Further, a soldier’s security clearance, classified information access level, or the type of background investigation conducted are not items identified for inclusion in separation documents. 

3.  The evidence of record confirms only that the applicant was awarded a Secret security clearance based on a National Agency Check that was completed on 
23 June 1967.  His MPRJ contains no other documents or information that suggests that any other background investigation was completed on him or that he was granted a higher level of clearance or access to classified information during his tenure on active duty.  

4.  Further, even had the applicant provided evidence to show he underwent a more extensive background investigation that authorized him access to a higher level of classified information, this still would not provide a basis for adding this security clearance information to his separation document at this time.  Thus, the Board finds no error or injustice related to the omission of this information from his separation document and it concludes that the requested relief is not warranted in this case. 

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___INW__  __RJW__  __GJW___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001063697	
SUFFIX		
RECON		
DATE BOARDED	2002/03/12	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1970/03/16	
DISCHARGE AUTHORITY	AR 635-200 	
DISCHARGE REASON	Early out for school 	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  1021	100.0000	
2.		
3.		
4.		
5.		
6.