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 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 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 applicants 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 Soldiers 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 applicants desire to have the records changed, it finds no basis for compromising the integrity of the Armys 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.
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