IN THE CASE OF:
BOARD DATE: 4 March 2010
DOCKET NUMBER: AR20090012259
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 1966 (Record of Military Processing - Armed Forces of the United States) to show that he had graduated from South Plains College.
2. The applicant states that he had not officially graduated from college when he enlisted in the military service. He wants his DD Form 1966 changed so that it does not hinder the process of his enlistment in the Idaho National Guard.
3. The applicant provides, in support of his application, copies of his college transcript and diploma.
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. On 30 March 1998, the applicant completed a DD Form 1966. Section I (Personal Data) indicates in Item 14 (Education) 13L [1 year college-non-graduate]. Section III (Other Personal Data) indicates that he was a high school graduate and was currently attending South Plains College and had not yet graduated.
3. The applicant's DD Form 4 (Enlistment/Reenlistment Document) indicates that he had enlisted in the United States Army Reserve for 8 years, effective 1 April 1998. He also enlisted in the Regular Army for 3 years, effective 17 June 1998.
4. The applicant provided a copy of his college transcript dated 23 April 1998 and a copy of his Certificate of Proficiency dated 15 May 1998.
5. On 16 June 2001, the applicant was released from active duty and transferred to the USAR Control Group (Reinforcement). He had attained the rank of specialist, pay grade E-4, and had completed 3 years of creditable active duty service. His characterization of service was honorable.
6. In the processing of this case, an advisory opinion was obtained from the Chief, Recruiting Policy Branch, Office of the Deputy Chief of Staff, G-1 (Personnel Officer), Washington DC. The opinion stated that the applicant's DD Form 1966, as completed, correctly shows his education status at the time of his enlistment processing. It further stated that the DD Form 1966 is not used as a source document to verify education level for persons attempting to reenter any of the Army's three components. Such verification is made using college transcripts. The opinion recommended denial of the applicant's request.
7. On 15 December 2009, a copy of the advisory opinion was forwarded to the applicant for his information and opportunity to rebut. No response has been received.
8. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army and the United States Army Reserve. It provides, in pertinent part, for the completion of DD Form 1966, to include recording individual education accomplishments.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 1966 should be corrected to show that he had graduated from South Plains College.
2. The applicant's DD Form 1966 was completed on 30 March 1998; however, his college transcripts and diploma were not issued until 23 April and 15 May 1998, respectively.
3. In view of the above, the applicant's DD Form 1966 was correctly prepared at the time. Therefore, his request should be denied.
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) AR20090012259
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