BOARD DATE: 27 January 2011
DOCKET NUMBER: AR20100018982
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 record to show he obtained a General Educational Development (GED) equivalency diploma.
2. The applicant states that he obtained his GED diploma in the summer of 1981 while assigned to the 155th Transportation Company.
3. The applicant provides no additional documents.
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 Regular Army on
28 April 1981 and he was trained in and awarded military occupational specialty (MOS) 57H (Cargo Specialist).
3. The applicant's DA Form 2A (Personnel Qualification Record - Part I) as prepared on 19 July 1985, contains the entry GED HS F under Section II (Qualification Data) in item 14 (Civilian Education/Code).
4. On 14 August 1985, the applicant was discharged from active duty after completing 4 years, 1 month, and 7 days of active military service. Item 16 (High School Graduate or Equivalent) of the DD Form 214 issued to him at that time contains an X in the NO block.
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, in pertinent part, that if Soldier does not have a GED, check the "NO" block. The source document for completion of the DD Form 214 is the Personnel Qualification Record and documents officially filed in the OMPF.
6. Army Regulation 680-29 (Military Personnel, Organization, and Type of Transaction Codes) prescribes the data code structures used to report and record personnel data via the automated Personnel Information System (PERSINS). Table 1-16b contains the civilian education level codes and provides that data code F will be entered on the DA Form 2A for those individuals who have obtained the high school level GED equivalency diploma.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his military record should be corrected to show he obtained his GED.
2. According to the regulation, data code F will be entered on the DA Form 2A for those Soldiers who obtained their high school level GED equivalency diploma.
3. The evidence of record shows the code F is listed under Section II in item 14 of the applicants DA Form 2A. As a result, the applicants DD Form 214 should be corrected accordingly.
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 the entry in the "NO" block of item 16 of his DD Form 214 and adding an X in the "YES" block; and
b. issuing him a document to reflect the above changes.
_______ _ 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) AR20100018982
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ABCMR Record of Proceedings (cont) AR20100018982
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