BOARD DATE: 1 September 2009
DOCKET NUMBER: AR20090005865
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 item 30 (Remarks) of his DD Forms
214 (Armed Forces of the United States Report of Transfer or Discharge) for the periods ending 27 January 1969 and 26 June 1970 to show the General Educational Development (GED) high school diploma.
2. The applicant states that he received his GED high school diploma after taking the test at the Fort Bliss, Texas Education Center.
3. The applicant provides his DD Forms 214.
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 enlisted in the Regular Army on 8 April 1968 for a period of three years. He successfully completed basic combat training and advanced individual training and was awarded military occupational specialty 24M (Vulcan System Mechanic).
3. On 27 January 1969, the applicant was honorably discharged and immediately reenlisted on 28 January 1969.
4. Item 30 of his DD Form 214 for the period ending 27 January 1969 shows the entry "Highest Civilian Education Level Attained: 8 Years Acad."
5. On 26 June 1970, the applicant was discharged from active duty under the provisions of Army Regulation 635-212, for unsuitability.
6. Item 30 of his DD Form 214 for the period ending 26 June 1970 shows the entry "Elementary 8 years."
7. Item 32 (Civilian Education) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he attended school in Boston, Massachusetts until 1966 with 8 years completed.
8. The applicant's education records are not available.
9. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that would be furnished each individual separated from the Army and established standardized procedures for the preparation and distribution of these documents. The purpose of a separation document is to provide the individual with documentary evidence of his/her military service. It is a vital record for interested Government agencies which assist the veteran in obtaining the rights and benefits to which he/she is entitled. Therefore, it is important that information entered is complete and accurate. It also established standardized policy for the preparation of the DD Form 214. It stated that for Item 30 enter the highest civilian education level attained as the first entry in this block when not adequately covered in block
25 (Education and Training Completed). This information would be taken from DA Form 20.
DISCUSSION AND CONCLUSIONS:
The applicant contends that his DD Forms 214 should be corrected to show he successfully completed the GED. However, there is no evidence of record and the applicant has not provided evidence that shows he successfully completed the GED or was issued a high school diploma. Therefore, there is insufficient evidence on which to change item 30 of the applicant's DD Forms 214.
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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