IN THE CASE OF:
BOARD DATE: 31 August 2010
DOCKET NUMBER: AR20100008443
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 (Report of Separation from Active Duty) to show he satisfactorily completed the General Educational Development (GED) tests for the high school equivalency diploma.
2. The applicant states he cannot get into college unless his record is corrected.
3. The applicant provides, in support of his application, a copy of his 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 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 29 June 1977, the applicant enlisted in the Regular Army.
3. The DD Form 1966/1 (Application for Enlistment) shows in Item 13 (Highest Grade Completed) 10. Page 5 of this same form contains a hand written statement, initialed by the applicant, stating that he had successfully completed the 10th grade.
4. The applicant's DA Form 2 (Personnel Qualification Record - Part I) that was prepared on 14 September 1977 indicates in Item 42 (Education Level) that he had completed 2 years of high school.
5. Item 17 (Civilian Education and Military Schools) of the applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows:
a. he had attended West High School where he was enrolled in a general course of studies through the 10th grade and quit in 1977 without completing the program; and
b. he had completed the 5-week military training as a clerk typist at Fort Jackson, South Carolina, in 1977.
6. On 28 April 1978, the applicant was granted an expeditious discharge under the provisions of Army Regulation 635-40, due to failure to meet medical retention standards. He had completed 7 months and 17 days of creditable active duty service.
7. Item 20 (Highest Education Level Successfully Completed) of the applicant's DD Form 214 shows he completed 10 years of secondary education.
8. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active service, retirement, or discharge. Item 20 is to record the highest level of education satisfactorily completed by the Soldier.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he successfully completed the GED tests for high school equivalency diploma and his DD Form 214 should be corrected to show this accomplishment.
2. There is no evidence available and the applicant has not provided any such evidence showing he successfully completed the GED tests.
3. In view of the above the applicant's 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) AR20100008443
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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