BOARD DATE: 20 April 2010
DOCKET NUMBER: AR20090018123
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 completed high school.
2. The applicant states his record is due for a change.
3. The applicant provides a copy of his high school diploma from the State of New Jersey.
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 was inducted into the Army of the United States on 8 February 1960. His DD Form 47 (Record of Induction) shows he had completed the 11th grade at the time of his induction.
3. Item 17 (Civilian Education) of his DA Form 20 (Enlisted Qualification Record) shows he attended high school in Newark, NJ in 1958. His major or course is listed as Vocational for the duration of 3 years. It further shows he did not complete high school.
4. The applicant was released from active duty on 12 February 1962 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his Reserve obligation.
5. Item 10a (Highest Civilian Education Level Attained) and item 10b (Major Course or Field) of his DD Form 214 shows the entry "3 YRS HS" and "VOCATIONAL," respectively.
6. The applicant was awarded a high school diploma on 25 August 2009 from the State of New Jersey.
7. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that 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. It further states for item 10a and b, enter from DA Form 20, as appropriate.
DISCUSSION AND CONCLUSIONS:
1. The applicants service record shows that at the time of his induction he had only completed 3 years of high school with a vocational major course or field. The evidence of record does not show he completed high school prior to his release from active duty.
2. The high school diploma he provides shows he was presented his High School Diploma on 25 August 2009, which is a noteworthy accomplishment; however, he did so well after his release from active duty. Therefore, items 10a and b of his DD Form 214 accurately reflect his civilian education level and course or field at the time of his release from active duty.
3. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20090018123
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ABCMR Record of Proceedings (cont) AR20090018123
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