BOARD DATE: 11 August 2009
DOCKET NUMBER: AR20090003480
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 (Certificate of Release or Discharge from Active Duty) be corrected to show he received his high school equivalency.
2. The applicant states, in effect, that he completed GED (General Educational Development) classes while in the Army and it is not shown on his DD Form 214. He also states that he just noticed the error while completing paperwork for benefits from the Department of Veterans Affairs (DVA).
3. The applicant provides no additional documentation 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 applicant's DD Form 1966 (Application for Enlistment), dated 4 May 1978, page 2, Item 24 (Education), shows he attended high school from August 1974 through June 1977 and did not graduate.
3. The applicant's military records show he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 5 May 1978. He was discharged from the USAR DEP on 23 May 1978 and he enlisted in the Regular Army (RA), in pay grade E-1, on 24 May 1978.
4. The applicant's DA Form 2-1 (Personnel Qualification Record Part II), Item 17 (Civilian Education and Military Schools) shows he completed 11 years of schooling and did not complete high school.
5. The applicant was honorably released from active duty, in pay grade E-3, on 19 May 1981 and he was transferred to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation. Item 16 (High School Graduate or Equivalent) of his DD Form 214 contains an "X" in the "No" block.
6. Army Regulation 635-5 (Personnel Separations Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated, in pertinent part, that completion of Item 16 was self-explanatory; meaning, if the education was completed prior to or during the period of service, an "X" would be entered in the "Yes" block or if the education was not completed an "X" would be entered in the "No" block.
DISCUSSION AND CONCLUSIONS:
1. In view of the circumstances in this case, the applicant is not entitled to correction to his DD Form 214 to show he completed his high school equivalency and that he received a GED during his period of active duty. He has not shown error, injustice, or inequity for the relief he now requests.
2. The evidence of record does not show and he has not provided any evidence to show that he received a GED while in the Army. His education is shown as completion of 11 years and he has not shown otherwise.
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. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20090003480
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