IN THE CASE OF:
BOARD DATE: 23 April 2009
DOCKET NUMBER: AR20080019705
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he is a high school graduate.
2. The applicant states that he had a high school diploma when he entered the service. He graduated from Ponce High School, Puerto Rico, in 1997.
3. The applicant provides no supporting documentation with 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 applicant's DD Form 1966 (Record of Military Processing - Armed Forces of the United States) signed and dated 19 March 1998, shows that he provided a copy of his high school transcript to the recruiter as verification of his high school education. It further shows that he graduated from Ponce High School in May 1997.
3. On 29 April 1998, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty (MOS) 11B (Infantryman). He was subsequently assigned for duty as an infantryman with the 1st Battalion, 21st Infantry Regiment, at Schofield Barracks, Hawaii.
4. Item 17 (Civilian Education and Military Schools) of the applicant's DA Form 2-1 (Personnel Qualification Record, Part II) shows that he completed a 4-year course of general studies at Ponce High School in 1997.
5. On 28 April 2001, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement). He had attained the rank of private first class, pay grade E-3, and had completed 3 years of creditable active duty service.
6. Item 15b (High School Graduate or Equivalent) of the applicant's DD Form 214, shows "NO", indicating that he had not graduated high school.
7. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides, in pertinent part, for the recording of the individual's high school education status in Item 15b.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show that he graduated from high school.
2. The evidence of record clearly shows that the applicant was a high school graduate at the time of his enlistment in the Regular Army. However, his DD Form 214 shows "NO", indicating that he did not complete a high school education.
3. In view of the above, the applicant's request should be granted.
BOARD VOTE:
____X___ ____X __ ___X ___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in Item 15b of his DD Form 214, "YES", indicating that he did graduate from high school.
_______ _ _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.
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