IN THE CASE OF:
BOARD DATE: 29 JULY 2008
DOCKET NUMBER: AR20080007459
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, in effect, that item 16 (High School Graduate or Equivalent) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to show that he was a high school graduate or equivalent.
2. The applicant essentially states that it was his understanding that he received the equivalency of a high school education while he was in the Army because of the training and schooling he received. He also states, in effect, that he has since completed a trade school and now has an associate degree in electronics.
3. The applicant provides a diploma, dated 30 October 1987, from the Golden State Schools showing that he satisfactorily completed the course requirements in advanced electronic technology and received a certificate, which expired on
29 February 1992, from the International Society of Certified Electronics Technicians in support of this application.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military records show that he enlisted in the Regular Army on 13 March 1979. His enlistment contract shows, in pertinent part, that he only attended high school from March 1978 to February 1979 at the Mountain Alternative High School in Ontario, California, and that he did not graduate. He completed basic and advanced individual training and was awarded military occupational specialty 36C (Wire Systems Installer/Operator). He departed for a tour in Germany on 27 July 1979; however, on 24 September 1980, he was discharged due to failure to maintain acceptable standards for retention under the Expeditious Discharge Program of Army Regulation 635-200 (Enlisted Personnel), and was issued a general discharge.
3. Item 16 of the applicant's DD Form 214 has an "X" in the "No" block.
4. The applicant essentially stated that it was his understanding that he received the equivalency of a high school education while he was in the Army because of the training and schooling he received. He also stated, in effect, that he has since completed a trade school and now has an associate degree in electronics.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, provided guidance on the preparation of entries on the DD Form 214. It essentially provided that if a Soldier has a General Equivalency Diploma (GED), check the "Yes" block.
6. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that item 16 of his DD Form 214 should be changed to show that he is a high school graduate or equivalent.
2. While the applicant contends that his Army training was the equivalent of a high school education, it in fact was not. As it appears the applicant only completed 1 year of high school prior to entering the Army. He did not complete high school or receive a GED while on active duty. Therefore, item 16 of his DD Form 214 accurately represents that he was not a high school graduate or equivalent at the time of his discharge on 24 September 1980. The fact that he subsequently completed some education is noteworthy; however, that education does not entitle him to retroactive correction of item 16 of his DD Form 214.
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. In view of the foregoing, there is no basis for granting relief to the applicant in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__XXX __ __XXX__ __XXX__ 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.
___ XXX ___
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) AR20080007459
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ABCMR Record of Proceedings (cont) AR20080007459
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