IN THE CASE OF:
BOARD DATE: 7 December 2010
DOCKET NUMBER: AR20100015996
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 item 30 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show
4 years of college.
2. The applicant states, in effect, he graduated in December 1965 and he was inducted into the Army of the United States (AUS) in August 1966.
3. The applicant provides a copy of his Bachelor of Science Diploma from Western Michigan University, dated 18 December 1965.
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 was inducted into the AUS on 4 August 1966. He completed the training requirements and he was awarded military occupational specialty 94C (Meat Cutter).
3. Item 10 (Education) of his DD Form 47 (Record of Induction) shows the entry "H.S. Grad" (high school graduate). Item 10 of the DD Form 47 also provides an entry for the identification of all grades or years successfully completed. His
DD Form 47 shows he completed 4 years of college.
4. Item 32 (Civilian Education) of his DA Form 20 (Enlisted Qualification Record) shows as the name and location of the school the entry "Western Michigan University, Kalamazoo, Michigan." The entry provided in item 32 for identification of the degree and/or major subject is blank. Item 32 shows the year completed as 1965.
5. He was released from active duty on 2 August 1968. Item 30 of his DD Form 214 shows the entry "4 Years High School."
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army:
a. it establishes standardized policy for the preparation of the DD Form 214;
b. it states the DD Form 214 is a summary of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge;
c. Army Regulation 635-5, in effect at the time, provided that for item 30, enter the highest civilian education level attained as the first entry in this item. This information will be taken from the DA Form 20.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that item 30 of his DD Form 214 should be corrected to show 4 years of college has been carefully reviewed.
2. His Record of Induction shows he completed 4 years of college and item 32 of his DA Form 20 shows the entry Western Michigan University, Kalamazoo, Michigan. These entries and the copy of his Bachelor of Science Diploma from the Western Michigan University are sufficient evidence to correct item 30 of his DD Form 214 to show the entry "4 Years College."
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. deleting "4 Years High School" from item 30 of his DD Form 214;
b. adding "4 Years College" in item 30 of his DD Form 214; and
c. providing the individual a document to show the above correction.
__________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) AR20100015996
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100015996
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