IN THE CASE OF:
BOARD DATE: 4 November 2008
DOCKET NUMBER: AR20080009357
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 his record and separation document (DD Form 214) be corrected to show he completed the General Education Development (GED) requirement for High School.
2. The applicant states, in effect, he completed the High School GED sometime between March and August 1966 in the State of Washington.
3. The applicant provides no documentary evidence in support of his 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 applicants record shows he was inducted into the Army and entered active duty on 7 December 1965. He was awarded and served in military occupational specialty 11B (Light Weapons Infantryman), and sergeant (SGT) is the highest rank he attained while serving on active duty.
3. The applicants Enlisted Qualification Record (DA Form 20) contains an entry indicating that he completed 11 years of school in 1964 in Item 32 (Civilian Education). His record is void of any entries or documents that indicate he completed the High School GED requirement while serving on active duty.
4. On 6 December 1967, the applicant was honorably released from active duty (REFRAD) in the rank of SGT after completing 2 years of active military service. Item 30 (Remarks) of the DD Form 214 he was issued at the time contains the entry "3 Years High School," and the applicant authenticated this document with his signature in Item 32 (Signature of Person Being Transferred or Discharged) on the date of his REFRAD.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on preparation of the DD Form 214. The instructions contained in the version of the regulation in effect at the time of the applicants REFRAD stated to enter the highest level of civilian education in Item 30.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his record and separation document should be corrected to show he completed the High School GED requirement in 1966 while serving on active duty was carefully considered. However, there is insufficient evidence to support this claim.
2. The applicants military record is void of any entries or documents that indicate he completed the High School GED requirements while serving on active duty. Item 32 of his DA Form 20 contains an entry indicating his highest level of civilian education was 11 years. Item 30 of his DD Form 214 contains an entry confirming he completed 3 years of high school and the applicant authenticated the DD Form 214 with his signature on the date of his REFRAD. In effect, his signature was his verification that the information contained on the separation document, to include the civilian education entry in Item 30, was correct at the time the DD Form 214 was prepared and issued. Absent any evidence of record, or independent evidence submitted by the applicant that confirms he completed the High School GED requirements, there is an insufficient evidentiary basis to support granting the requested relief.
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.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x____ ____x___ 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.
_________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) AR20080009357
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ABCMR Record of Proceedings (cont) AR20080009357
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