BOARD DATE: 16 November 2010
DOCKET NUMBER: AR20100014207
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, in effect, correction of Item 16 (High School Graduate or Equivalent) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show Yes instead of No.
2. The applicant states that:
a. his recruiter told him a General Educational Development (GED) Diploma
was unacceptable and that he needed a high school diploma;
b. he attended night classes, took a test, and received his diploma; and
c. he needs his DD Form 214 corrected to show he had a diploma or an
equivalent document.
3. The applicant provides no additional evidence.
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 applicants military record shows he enlisted in the United States Army Reserve (USAR) on 15 April 1983, and he entered active duty for training (ADT) on 29 June 1983. Upon completion of his ADT, he was awarded military occupational specialty (MOS) 64C (Motor Transport Operator).
3. The applicant's DA Form 2-1 (Personnel Qualification Record - Part II) contains an entry in Item 17 (Civilian Education and Military Schools) that shows he attended Salem County High School and completed 4 years of general education in 1983.
4. On 25 October 1983, the applicant was honorably released from ADT after completing 3 months and 27 days of active military service. The DD Form 214 issued to him at that time contains an X in the NO block of Item 16.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains preparation instructions for the DD Form 214. The instructions for Item 16 state to check the YES block if the Soldier has his high school diploma or GED and to check the "NO" block if the Soldier does not have a high school diploma or GED. The source document for completion of the DD Form 214 is the Personnel Qualification Record and documents officially filed in the OMPF.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show he obtained his high school diploma or an equivalent document.
2. The evidence of record confirms the applicant completed 4 years of general education at the Salem County High School in 1983 as evidenced by the entry contained in item 17 of his DA Form 2-1. Therefore, item 16 of the applicants DD Form 214 should be corrected accordingly at this time.
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:
a. amending item 16 of his DD Form 214 by deleting the entry in the NO block;
b. adding an entry in the YES block; and
c. issuing him a document that shows the above corrections.
_______ _ _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) AR20100014207
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ABCMR Record of Proceedings (cont) AR20100014207
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