IN THE CASE OF:
BOARD DATE: 24 February 2011
DOCKET NUMBER: AR20100021897
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 DD Form 214 (Armed Forces of the United States of Transfer or Discharge) to show he obtained a general educational development (GED) equivalency diploma.
2. The applicant states he obtained his GED diploma while serving in the Army and really would like his DD Form 214 to reflect this information.
3. The applicant provides a GED certificate with his request.
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military record shows he was inducted into the Army of the United States on 27 March 1963. He was trained in and served in military occupational specialty 111.00 (Light Weapons Infantryman). He was honorably discharged on 26 July 1964 for the purpose of enlisting in the Regular Army. He enlisted in the Regular Army on 27 July 1964.
3. His official military personnel file includes a U.S. Armed Forces Institute (USAFI) Form 6A2.15 (Military Test Report) which shows he completed the high school level GED tests in June 1970. It also contains a USAFI Certificate which shows he achieved satisfactory scores on the GED tests in June 1970 and it includes the statement THIS REPORT IS NOT A HIGH SCHOL DIPLOMA OR EQUIVALENCY CERTIFICATE.
4. Having served through two periods of reenlistment, the applicant was honorably discharged from active duty on 14 February 1971. The DD Form 214 issued at that time shows he completed 7 years, 10 months, and 18 days of creditable active military service.
5. Item 25 (Education and Training ) of the DD Form 214 does not include an entry showing he completed any training or testing in an effort to obtain his GED.
6. The applicant provides a copy of his High School Equivalency Diploma which shows it was issued to him by the State of Florida on 15 May 1973.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The instructions for item 25 state to enter service schools, including major courses which were successfully completed and military-sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214 being completed. This entry includes the highest civilian education level acquired during this period of military service, if appropriate.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his military record should be corrected to show he obtained his GED.
2. By regulation, the DD Form 214 will include the highest civilian education level a member acquired during this period it covered. The evidence of record confirms the applicant achieved satisfactory scores on the TEST OF GENERAL EDUCATIONAL DEVELOPMENT, HIGH SCHOOL LEVEL in June 1970 as evidenced by the USAFI certificate and USAFI Form 6A2-15 on file. As a result, item 25 should be corrected to show this information at this time.
3. Given that the applicant did not officially obtain his GED Equivalency Diploma until 15 May 1973, subsequent to his military service, the integrity of his military record must be maintained. Therefore, there is no basis upon which correct his DD Form 214 to show he obtained his GED Equivalency Diploma while he served on active duty and this portion of the requested relief is denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X____ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. adding the entry "TESTS, GENERAL EDUCATIONAL DEVELOPMENT, HIGH SCHOOL LEVEL - JUNE 1970" to item 25 of his DD Form 214 and
b. issuing him a document to reflect the above change.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to a GED Equivalency Diploma.
_______ _ 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.
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