RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 November 2005
DOCKET NUMBER: AR20050004098
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Ms. Wanda L. Waller | |Analyst |
The following members, a quorum, were present:
| |Mr. Stanley Kelley | |Chairperson |
| |Ms. Diane Armstrong | |Member |
| |Ms. Delia Trimble | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of item 16 (High School Graduate or
Equivalent) on his DD Form 214 (Certificate of Release or Discharge from
Active Duty) and item 17 (Civilian Education and Military Schools) on his
DA Form 2-1 (Personnel Qualification Record) to show he obtained his
General Equivalency Diploma (GED).
2. The applicant states he received his GED on 20 July 1978 while he was
stationed in Korea.
3. The applicant provides a letter from the State of Hawaii Department of
Education, dated 1 October 2004; a copy of his DD Form 214; and service
personnel records.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of alleged errors which occurred
on
12 December 1979. The application submitted in this case is dated
26 November 2004; however, it was received in this office on 18 March 2005.
2. 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so. In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant enlisted on 28 December 1976 for a period of 3 years. He
served as an improved Hawk firing section mechanic in Korea from 8
September 1977 through 1 September 1979 and was released from active duty
on
12 December 1979.
4. Item 16 on the applicant's DD Form 214 shows an "X" in the "No" box.
5. Item 17 on the applicant's DA Form 2-1 does not show that he obtained
his GED.
6. In support of his claim, the applicant provided a letter, dated 1
October 2004, from the State of Hawaii Department of Education which states
they received his high school certificate on 20 July 1978.
7. Army Regulation 600-8-104 prescribes instructions for preparing and
maintaining the DA Forms 2-1 and 2A. In pertinent part, it states that the
DA Forms 2-1 and 2A are the basic record for enlisted personnel and will be
prepared and maintained for Active Army and U.S. Army Reserve enlisted
personnel.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant received a high school
certificate on or before 20 July 1978. Therefore, it would be appropriate
to correct item 16 on his DD Form 214.
2. The DA Form 2-1 is prepared and maintained for Active Army and U.S.
Army Reserve enlisted personnel. As the applicant no longer has a military
status, there is no basis to make any changes to his DA Form 2-1. The DD
Form 215 is the proper record to show he received his GED.
3. Records show the applicant should have discovered the alleged errors
now under consideration on 12 December 1979; therefore, the time for the
applicant to file a request for correction of any error expired on 11
December 1982. The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence it would be in the
interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
________ ________ ________ GRANT RELIEF
SK_____ __DA___ __DT____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to
warrant a recommendation for relief and to excuse failure to timely file.
As a result, the Board recommends that his DD Form 214 be corrected by
changing item 16 to show an "X" in the "Yes" box.
2. The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief. As a result,
the Board recommends denial of so much of the application that pertains to
amending his DA Form 2-1 to show he obtained his GED.
____Stanley Kelly_____
CHAIRPERSON
INDEX
|CASE ID |AR20050004098 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20051108 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |100.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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