IN THE CASE OF:	  

		BOARD DATE:	  13 November 2014

		DOCKET NUMBER:  AR20140006718 


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 "yes," indicating he is a high school graduate. 

2.  The applicant states he completed his high school education prior to his discharge.

3.  The applicant provides his DD Form 214 and a copy of an American Preparatory Institute High School Diploma.

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.  On 18 November 1980, the applicant enlisted in the Regular Army.
3.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows at the time he entered active duty he had completed 3 years of high school.

4.  On 17 November 1983, he was honorably released from active duty after completing 3 years of active service.  Item 16 of the DD Form 214 he was issued at the time has the "no" block checked, indicating he was not, at the time, a high school graduate.

5.  Review of his available records did not reveal a copy of a high school diploma, General Educational Development diploma, or other documents that show he completed high school or the required testing for such a diploma.

6.  He submits a copy of an American Preparatory Institute High School Diploma that shows he satisfactorily completed the course of study prescribed and was awarded the high school diploma in the year 1983.

DISCUSSION AND CONCLUSIONS:

The American Preparatory Institute High School Diploma he submits is accepted as legitimate.  Given that there was only a little more than 1 month remaining in the year when he was released from active duty, any reasonable doubt as to the date in 1983 that he was awarded the diploma should be resolved in his favor.  Therefore, it would be appropriate to change the entry in item 16 of his DD Form 214 to "yes."

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all 



Department of the Army records of the individual concerned be corrected by amending item 16 of his DD Form 214 to show "yes."




      ___________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)                                         AR20140006718



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140006718



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1