BOARD DATE: 8 July 2010
DOCKET NUMBER: AR20100000377
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 that item 16 (High School Graduate or Equivalent) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from No to Yes.
2. The applicant states he received a high school diploma from Big Bend Community College while he was stationed in Nurnberg, Germany in 1983.
3. The applicant provides a copy of his DD Form 214, a transcript from Big Bend Community College, and information on Big Ben Community College Prep High School Transcript Supplement in support of his 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 enlisted in the Regular Army on 5 February 1980 and was released from active duty on 26 October 1984.
3. Item 16 on his DD Form 214 shows the entry No indicating he did not complete high school or equivalent.
4. The applicant provided a transcript from Big Ben Community College which shows he completed the requirements for a high school diploma on 17 October 1983.
DISCUSSION AND CONCLUSIONS:
The applicants transcript from the Big Ben Community College shows he completed the requirements for a high school diploma in October 1983 prior to his separation. However, his DD Form 214 incorrectly reflects that he did not complete high school or equivalent. Therefore, it would be appropriate to amend his DD Form 214 to reflect the entry Yes in item 16.
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 by amending item 16 on his DD Form 214 to show the entry Yes.
_______ _ _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) AR20100000377
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100000377
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