RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 November 2005
DOCKET NUMBER: AR20050000802
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 |
| | | |Analyst |
The following members, a quorum, were present:
| | | |Chairperson |
| | | |Member |
| | | |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 that item 16 (High School Graduate or
Equivalent) on his DD Form 214 (Certificate of Release or Discharge from
Active Duty) be changed from "No" to "Yes" to show he completed high school
based on high school equivalency courses.
2. The applicant states he completed high school equivalency courses and
item 16 on his DD Form 214 should reflect "Yes" instead of "No."
3. The applicant provides a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 11 February 1980. The application submitted in this case is
dated 4 November 2004.
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 in the Regular Army on 22 February 1977. During
enlistment processing, he marked "No" in Block 24 (Education) on his DD
Form 1966 (Application for Enlistment – Armed Forces of the United States)
indicating he did not graduate from Parrish High School. On Page 5 of this
form, he indicated that he completed the 10th grade at Parrish High in
1972.
4. He was honorably released from active duty on 11 February 1980. His
DD Form 214 shows the entry "No" in item 16 indicating the applicant did
not complete high school or high school equivalency courses.
5. There is no evidence of record which shows the applicant successfully
completed high school equivalency courses.
DISCUSSION AND CONCLUSIONS:
1. The applicant's enlistment contract shows he completed the 10th grade
at Parrish High School, but he did not graduate.
2. There is no evidence of record, and the applicant has provided no
evidence which shows he completed high school equivalency courses prior to
his release from active duty. Therefore, there is insufficient evidence in
which to base correction of his DD Form 214 to show he completed high
school equivalency courses.
3. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 February 1980; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 10 February 1983. However, the applicant did not file
within the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
JA______ TO______ CK______ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that 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.
2. As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law. Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.
CHAIRPERSON
INDEX
|CASE ID |AR20050000802 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20051101 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Mr. Chun |
|ISSUES 1. |100.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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