IN THE CASE OF:
BOARD DATE: 21 December 2010
DOCKET NUMBER: AR20100015518
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he completed 12 years of school instead of the 9 years it currently reflects.
2. The applicant states he received a high school diploma in 1974.
3. The applicant provides his DD Form 214 and a diploma certificate showing he was awarded a diploma on 12 November 1974.
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 records show that, after having had prior service, he enlisted in the Regular Army on 23 January 1973, he was awarded the military occupational specialty of food service specialist, and he was promoted to pay grade E-4. He was honorably discharged from active duty at the expiration of his term of service on 21 January 1977.
3. The applicant's records contain a DA Form 2 (Personnel Qualification Record Part I) which was prepared on 13 October 1976 which shows in Item 42 (Education Level) that the applicant completed 1 year of high school. Also contained in his records is a DA Form 2-1 (Personnel Qualification Record Part II) which was reviewed by the applicant on 7 January 1977. Item 17 of this form, Civilian Education and Military Schools show the applicant attended 9 years of high school and did not graduate.
4. The DD Form 214 he was issued, Item 20 (Highest Education Level Successfully Completed) shows "9 yrs" secondary/high school.
DISCUSSION AND CONCLUSIONS:
1. Since the applicant was awarded a high school diploma while he was on active duty it is evident that he never provided his commander with verification that he graduated from high school. Therefore, his education level at the time of entry on active duty had to be used when he was issued a DD Form 214.
2. However, the applicant has now verified he had a high school diploma when he was on active duty. Therefore, it would now be appropriate to correct his DD Form 214, item 20, to show that he successfully completed 12 years of high school.
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 showing he successfully completed 12 years of high school in item 20 of his DD Form 214.
_______ _ _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) AR20100015518
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100015518
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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