IN THE CASE OF:
BOARD DATE: 22 December 2009
DOCKET NUMBER: AR20090011089
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he received his General Educational Development (GED) while he was in the military.
2. The applicant states he did not have 4 years of high school at the time of his enlistment and that he completed his GED while in basic training.
3. The applicant provides a DD Form 214 in support of this 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 military records show he enlisted in the Regular Army on 16 December 1970. He was awarded the military occupational specialty of field radio mechanic, and was promoted to pay grade E-2.
3. The applicant's records show he was discharged from active duty on 16 June 1972 after completing 1 year, 1 month, and 4 days of active service.
4. The applicant's DA Form 20 (Enlisted Qualification Record), item 32 (Civilian Education), contains the entries, "Lakeland HS," "Dipl," and "1970."
5. The applicant's DD Form 214, item 30, contains the entry, "4 Years High School (70)."
6. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it 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. The version of this regulation in effect at the time stated the entry for the highest civilian education level for enlisted personnel would be taken from the DA Form 20.
DISCUSSION AND CONCLUSIONS:
1. While the applicant contends he received his GED while in basic training, there is no available evidence in his military records nor has he provided any evidence confirming this.
2. The Board starts its consideration with a presumption of regularity, that what the Army did was correct. The burden of proving otherwise is the responsibility of the applicant. Absent evidence to the contrary, it is concluded the highest civilian education level is appropriately entered in the Remarks section of the applicant's DD Forms 214.
3. 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) AR20090011089
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ABCMR Record of Proceedings (cont) AR20090011089
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