Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090003420
Original file (20090003420.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE: 	        18 June 2009

		DOCKET NUMBER:  AR20090003420 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he attained a Bachelor of Arts degree.

2.  The applicant states, in effect, that he has completed 4 years of college since his discharge and he would like his DD Form 214 and records to show he completed 4 years of college and attained a degree.  He also states that item 10a (Highest Civilian Education Level Attained) of his DD Form 214 only shows he completed 1 year of high school.

3.  In support of his application, the applicant provides copies of his DD Form 214, Honorable Discharge Certificate, and college transcript.

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 applicant’s 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 applicant’s 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 he enlisted in the Regular Army in pay grade E-1 on 6 February 1958 for 3 years.  He completed basic and advanced individual training and was awarded military occupational specialty 111.10, Light Weapons Infantryman.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he completed 1 year of high school in 1956.

4.  The applicant was honorably released from active duty in pay grade E-4 on 3 February 1961 at the expiration of his term of service and transferred to the U.S. Army Reserve.  Item 10a of his DD Form 214 shows he completed 1 year of high school.

5.  On 24 February 1967, in response to the applicant’s request, he was issued a DD Form 215 (Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge), correcting items 10a and 10b (Major Course or Field) to show he completed 12 years of school and received a Certificate of High School Equivalency while serving in the Army.

6.  The applicant submits a copy of his transcript from Asheville-Biltmore College, dated 26 February 2007, that shows he was awarded a Bachelor of Arts degree on 11 May 1974.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated, in pertinent part, that items 10a and 10b would contain information taken from the DA Form 20 or DA Form 66 (Officer Qualification Record), as appropriate.

8.  Army Regulation 635-5, in pertinent part, states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

9.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows at the time of his enlistment in February 1958 the applicant had completed 1 year of high school.  In February 1967, his DD Form 214 was corrected to show he had completed 12 years of school and received a Certificate of High School Equivalency while in the Army.

2.  The evidence of record also shows the applicant was awarded a Bachelor of Arts degree on 11 May 1974 after his separation from active duty.  Therefore, he is not entitled to correction of item 10a to show he attained his degree.

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.

4.  While the Board understands the applicant’s desire to have the records changed, it finds no basis for compromising the integrity of the Army’s records.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, the Board is reluctant to recommend that those records be changed.

5.  A copy of this decisional document along with his application and enclosures will be filed in the applicant's official military personnel file for reference purposes.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20090003420



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090003420



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100028930

    Original file (20100028930.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). His DA Form 20 (Enlisted Qualification Record) shows under civilian education that he completed 4 years of high school in 1959. _______ _ __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.

  • ARMY | BCMR | CY2001 | 2001061539C070421

    Original file (2001061539C070421.rtf) Auto-classification: Approved

    The applicant requests reconsideration of his previous application to correct his military records by showing that he was separated from active duty in pay grade E-4 and not E-3; that he received the Marksman Qualification Badge with Rifle Bar; and that the highest civilian education level he achieved was high school graduate, based upon his General Educational Development (GED). The applicant had completed his GED tests prior to his separation from active duty, and those test scores were...

  • ARMY | BCMR | CY2009 | 20090018123

    Original file (20090018123.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he completed high school. The applicant’s service record shows that at the time of his induction he had only completed 3 years of high school with a vocational major course or field. The evidence of record does not show he completed high school prior to his release from active duty.

  • ARMY | BCMR | CY2005 | 20050007325C070206

    Original file (20050007325C070206.doc) Auto-classification: Approved

    The applicant requests, in effect, that his high school completion be added to Item 10a (Highest Civilian Education Level Attained) and Item 28 (Service Schools or Colleges, College Training Courses and/or Post Graduate Courses Successfully Completed) of his separation document (DD Form 214). Therefore, given the applicant’s DA Form 20 confirmed his GED completion, Item 10a of his DD Form 214 should have contained the entry “High School Equivalency Diploma (GED)”. The Board determined that...

  • ARMY | BCMR | CY2005 | 20050000889C070206

    Original file (20050000889C070206.TXT) Auto-classification: Approved

    The applicant states that his DOR should be 31 October 1984, that his total prior Reserve service should be 10 years, that his total service for pay should be 17 years, that his primary military occupational specialty (PMOS) and date awarded should be "95B20" 9 May 1972, that his highest level of education is 2 years college, Associate of Arts Degree, and that he be awarded the National Defense Service Medal (NDSM) with one bronze service star. The evidence shows that the applicant served...

  • ARMY | BCMR | CY2005 | 20050000889C070206

    Original file (20050000889C070206.doc) Auto-classification: Approved

    The applicant states that his DOR should be 31 October 1984, that his total prior Reserve service should be 10 years, that his total service for pay should be 17 years, that his primary military occupational specialty (PMOS) and date awarded should be "95B20" 9 May 1972, that his highest level of education is 2 years college, Associate of Arts Degree, and that he be awarded the National Defense Service Medal (NDSM) with one bronze service star. The evidence shows that the applicant served...

  • ARMY | BCMR | CY2013 | 20130012703

    Original file (20130012703.txt) Auto-classification: Approved

    Although his request for reconsideration was received within 1 year of the ABCMR's original decision, he did not provide new evidence and/or argument with this request; therefore, the portion of his application pertaining to type of discharge, rank/grade, Selective Service number, foreign and/or sea service, and education will not be discussed further in these Proceedings. Item 27 is used for chronologically entering each wound received as a result of enemy action during the period covered...

  • ARMY | BCMR | CY2004 | 20040010102C070208

    Original file (20040010102C070208.doc) Auto-classification: Denied

    The applicant requests that corrections be made to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued to him on 23 February 1965. The applicant's DD Form 214 shows that on 23 February 1965, he was released and transferred to the United States Army Reserve after completing 1 year, 11 months and 12 days of honorable service. e. Item 29 (Other Service Training Courses Successfully Completed) is where military training can be listed on the DD Form 214...

  • ARMY | BCMR | CY2005 | 20050003356C070206

    Original file (20050003356C070206.doc) Auto-classification: Approved

    The applicant's DD Form 214 for the period ending 12 December 1967 shows the Vietnam Service Medal, the National Defense Service Medal, the Vietnam Campaign Medal, the first award of the Good Conduct Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the entry in item 10a on his DD Form 214 for the period ending 20...

  • ARMY | BCMR | CY2013 | 20130000703

    Original file (20130000703.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of: * his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 20 October 1959 to show the Airborne Course * his DD Form 214 for the period ending 2 February 1965, to show in: * item 26 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the: * Army Good Conduct Medal * National Defense Service Medal * Vietnam Service Medal * Overseas Service Ribbon * United...