IN THE CASE OF:
BOARD DATE: 17 December 2009
DOCKET NUMBER: AR20090012023
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 (Certificate of Release or Discharge from Active Duty) to show he is a high school graduate.
2. The applicant states, in effect, he graduated from Valley High School, Fairfax, Alabama, on 29 May 1972.
3. The applicant provides, in support of his application, copies of his high school transcripts and DD Form 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 applicant's 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 applicant's 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 and entered active duty in the Regular Army (RA) on
6 February 1975.
3. The applicant's DA Form 2-1 (Personnel Qualification Record) shows in Item 17 (Civilian Education and Military Schools) that the entry "Valley HS [High School], General, 4 years, Yes, 72" is lined -out. This item also shows, in pertinent part, that the applicant completed 30 semester hours at Southern Union State Junior College in 1974.
4. The applicant's military personnel records do not contain a DD Form 214 for the period of active duty from 6 February 1975 through 28 November 1977.
5. The applicant reenlisted in the RA on 29 November 1977.
6. The applicant's DD Form 214 shows he entered active duty this period on
29 November 1977 and he was honorably discharged on 4 August 1983. At the time he had completed 5 years, 8 months, and 4 days of net active service and
2 years, 9 months, and 19 days of total prior active service. Item 16 (High School Graduate or Equivalent) shows an "X" was placed in the "No" block.
7. In support of his application, the applicant provides a copy of his Cumulative Record from Valley High School, Fairfax, Alabama, that shows he attended the high school from 1970 to 1972, he graduated on 29 May 1972, and that the school was accredited by the State Department of Education.
8. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that the source documents for entering information on the
DD Form 214 will be the Personnel Qualification Record, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.
9. Table 2-1 (DD Form 214 Preparation Instructions) of the Separation Documents regulation, in effect at the time of the applicant's discharge, contains item-by-item instructions for completing the DD Form 214. Item 16 (High School Graduate or Equivalent) states "self-explanatory."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show he is a high school graduate.
2. The evidence of record shows the applicant graduated from Valley High School, Fairfax, Alabama, on 29 May 1972, which was prior to his entry on active duty in the RA.
3. Item 17 of the applicant's DA Form 2-1 shows that the entry pertaining to his completion of high school was lined-out and an entry pertaining to his completion of 30 semester hours of college was entered on the form, indicating his highest level of civilian education. Thus, it is reasonable to conclude that the lined-out entry may have been misinterpreted to mean the applicant had not completed high school and resulted in an error at the time the entry was made in item 16 of his DD Form 214.
4. The evidence of record clearly shows the applicant graduated from Valley High School, Fairfax, Alabama, on 29 May 1972, which was prior to his discharge. Therefore, based on the available evidence, it would be appropriate to correct the applicant's DD Form 214 to show he was a high school graduate at the time his DD Form 214 was prepared.
BOARD VOTE:
____X___ ____X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show he is a high school graduate by deleting from item 16 of his DD Form 214 the "X" in the "No" block and replacing it with an "X" in the "Yes" block.
_______ _ _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) AR20090012023
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ABCMR Record of Proceedings (cont) AR20090012023
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