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ARMY | BCMR | CY2003 | 2003083795C070212
Original file (2003083795C070212.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


                  IN THE CASE OF:
        


                  BOARD DATE: 30 September 2003
                  DOCKET NUMBER: AR2003083795

         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
Ms. Joyce A. Wright Analyst


The following members, a quorum, were present:

Mr. Raymond J. Wagner Chairperson
Ms. Margaret V. Thompson Member
Mr. Melvin H. Meyer 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: That item 10 (Highest Civilian Education Level Attained) of his DD Forms 214 (Report of Transfer or Discharge), dated 24 March 1963 and 27 August 1964 be corrected to show that he completed 12 years of elementary and secondary education.

APPLICANT STATES: That he recently submitted an employment application and was informed that there was a discrepancy on his DD Forms 214 dated 24 March 1963 and 27 August 1964. He was unaware that both were in error. He also states that he completed high school in 1952. In support of his application, he submits two DD Forms 214.

EVIDENCE OF RECORD: The applicant's military records show he enlisted on 21 March 1952. He continued to serve through a series of continuous reenlistments until he was discharged on 27 August 1964, under conditions other than honorable.

Item 10a of his DD Form 214, dated 18 June 1957, shows the entry "10 Grades" (10th Grade) and item 10a of his DD Form 214, dated 24 March 1963, shows the entry "8 years" (8th Grade). His DD Form 214, dated 17 August 1964, shows the same entry.

Item 22 (Education/Grammar/High Sch [school]) of his DD Form 4 (Enlistment Record) shows the entry "8 3 0" (Grammar 8, High School 3, and 0 college).

Item 17 (School/Major or Course/Duration/Completed/Years) of his DA Form 20 (Enlisted Qualification Record) shows the entry "8th Grade Equiv (equivalent)."

Army Regulation 635-5, in effect at that time, established the standard policy for preparing and distributing the DD Form 214. It stated, in pertinent part, that for completion of item 10 (Highest Civilian Education Level Attained), refer to the soldiers DA Form 20, as appropriate.

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 evidence of record clearly shows that he only completed the 8th grade and was not a high school graduate prior to his enlistment nor was he a graduate at the time of his separation from active duty. The evidence of record failed to show that he completed high school in 1952.





2. The applicant was entitled to submit documentation to his personnel office at any time prior to his separation to show that he completed high school; however, he failed to do so. Therefore, he is not entitled to correction of item 10a of his DD Forms 214, dated 24 March 1963 and 27 August 1964 to show that he completed 12 years of elementary and secondary education.

3. 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.

4. 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

__rw___ __mt___ _mm____ DENY APPLICATION




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




INDEX

CASE ID AR2003083795
SUFFIX
RECON
DATE BOARDED 20030930
TYPE OF DISCHARGE UOTHC
DATE OF DISCHARGE 19640827
DISCHARGE AUTHORITY AR 635-208
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 1021
2.
3.
4.
5.
6.


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