BOARD DATE: 16 July 2009
DOCKET NUMBER: AR20090004306
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 that item 12f (Foreign Service) and item 16 (High School Graduate or Equivalent) on his 1980 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he served 6 months in Germany and that he completed his General Education Diploma (GED).
2. The applicant states he served 6 months in Germany between August 1978 and January 1979; however, item 12f shows only 21 days of foreign service. He also states that he attended Big Ben Community College in Germany for his GED although item 16 on his DD Form 214 shows he was not a high school or equivalent graduate. He noted that the error in his education level is affecting his job status.
3. The applicant provides no additional evidence in support of his request.
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. Records available to the Board indicate the applicant enlisted and entered active duty as a Regular Army Soldier on 12 July 1977. His enlistment documents all indicate that he had completed 9 years of formal education.
3. Following completion of training, the applicant was assigned to an armor unit at Fort Hood, Texas. According to item 5 (Oversea Service) on his DA Form 2-1 (Personnel Qualification Record Part II), the applicant, while assigned to Fort Hood, was sent to Germany with his unit in a temporary duty status between 8 August 1978 and 1 February 1979, a period of 5 months and 23 days.
4. The applicants DA Form 2 (Personnel Qualification Record Part I) prepared on 11 April 1980 shows the applicants civilian education level as having completed 1 year of high school. There is no evidence in available records that the applicant completed his GED.
5. On 24 July 1980, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement). Item 12f on his DD Form 214 shows 21 days of foreign service and item 16 shows "no" in response to whether the applicant was a high school graduate or equivalent.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, stated that item 12f of the DD Form 214 would reflect "the total amount of foreign service completed during the period covered in item 12c." Subsequent updates to Army Regulation 635-5 clarified the entry in item 12f by stating that the foreign service information would be obtained from item 5 of the DA Form 2-1.
7. Army Regulation 635-5, in effect at the time, stated that item 16 was "self-explanatory."
DISCUSSION AND CONCLUSIONS:
1. Item 5 on the applicants DA Form 2-1, which was the source of information for the entry in item 12f of the DD Form 214 confirms the applicant spent 5 months and 23 days of service in Germany between August 1978 and January 1979. His DD Form 214 should be corrected accordingly.
2. While the applicant indicates that he completed requirements for a GED while in Germany, there is no evidence nor has the applicant provided any which confirms he received a GED. It is noted that his DA Form 2 shows that as of April 1980, only 3 months prior to his release from active duty, he had only completed 1 year of high school. In the absence of evidence confirming completion of the GED there is no basis for the Board to change the entry in item 16 of the applicants 1980 DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ___x____ ___x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in item 12f that he served 5 months and 23 days of foreign service vice the 21 days currently shown.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting item 16 on his 1980 DD Form 214 to show "yes" vice "no" indicating completion of a GED.
___________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) AR20090004306
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ABCMR Record of Proceedings (cont) AR20090004306
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