BOARD DATE: 5 October 2010
DOCKET NUMBER: AR20100012054
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 his DD Form 214 (Report of Separation from Active Duty) be corrected to reflect that he completed 12 years of education.
2. The applicant states, in effect, that he completed his last year of high school in Germany and his DD Form 214 should reflect 12 years instead of 11 years.
3. The applicant provides a copy of his transcript from the United States Dependents School, European Area, Predischarge Education Program (PREP), on 3 October 1975.
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 15 October 1973 for a period of 3 years, training in the law enforcement career management field, and assignment to Europe. At the time of his enlistment his records indicated he had completed 3 years of high school (11 years of schooling).
3. He completed his basic training at Fort Jackson, SC and his advanced individual training as a corrections specialist at Fort Gordon, GA before being assigned to 43rd Military Police Confinement Facility, Fuerth, Germany.
4. He remained in Germany until he was transferred to Fort Dix, NJ and he was honorably released from active duty (REFRAD) on 14 October 1976 due to completion of required service. He had served 3 years of total active service. Block 20 (Highest Education Level Successfully Completed (in years) of his
DD Form 214 shows he completed 11 years of secondary/high school education.
5. The transcript provided by the applicant indicates that the applicant graduated from the PREP at the American High School in Nurnberg, Germany on 3 October 1975.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 should reflect that he had completed 12 years of education has been noted and appears to have merit.
2. The transcript provided by the applicant indicates that he graduated from PREP at the American High School in Nurnberg, Germany on 3 October 1975.
3. Accordingly, his DD Form 214 should be corrected to show he completed
12 years of education instead of 11, as currently reflected on his DD Form 214.
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 deleting from item 20 of his DD Form 214 the entry "11" and replacing it with the entry "12."
___________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) AR20100012054
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ABCMR Record of Proceedings (cont) AR20100012054
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