IN THE CASE OF:	  

		BOARD DATE:	  31 March 2011

		DOCKET NUMBER:  AR20100024357 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of item 16 (High School Graduate or Equivalent) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the entry "Yes."

2.  The applicant states he received his General Educational Development (GED) Certificate in 1985.

3.  The applicant provides a GED Certificate issued on 8 July 1985.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 8 July 1981.  Upon completion of initial entry training, he was awarded military occupational specialty 76Y (Unit Supply Specialist).

3.  He was honorably released from active duty on 7 July 1984 at the expiration of his term of service and he was transferred to a U.S. Army Reserve unit.  Item 16 of his DD Form 214 shows the entry "No."

4.  There is no evidence in his Official Military Personnel File (OMPF) that shows he completed his high school education or received his GED Certificate prior to his release from active duty.  However, he provides a GED Certificate that shows he satisfactorily completed the GED Testing Program on 8 July 1985.

5.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service and provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The regulation, in effect at the time, stated that for item 16, the entry was self-explanatory.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the entry 'Yes" in item 16 has been carefully reviewed.

2.  There is no evidence in his OMPF that shows he was a high school graduate or that he received equivalency credit prior to his release from active duty.  He provides a GED Certificate that shows he completed the GED Testing Program on 8 July 1985, one year after his separation from active service.  Therefore, there is no basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X____  ___X____  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _________X_________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100024357



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ABCMR Record of Proceedings (cont)                                         AR20100024357



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