IN THE CASE OF:
BOARD DATE: 22 March 2011
DOCKET NUMBER: AR20100022152
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, item 16 (High School Graduate or Equivalent) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 26 May 1972 be changed to show he received his General Educational Development (GED) diploma.
2. The applicant states his GED is not recorded on his DD Form 214 and he hasn't any proof.
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 applicant enlisted in the Regular Army on 4 September 1969 for a period of 3 years. He completed basic combat and advanced individual training and was awarded military occupational specialty 62E (Crawler Tractor Operator).
3. A DD Form 398 (Statement of Personal History), completed by the applicant, shows he did not graduate from high school.
4. There is no evidence in his Military Personnel Records Jacket (MPRJ) he received a GED diploma.
5. On 26 May 1972, the applicant was discharged. Item 16 of his DD Form 214 is checked "NO."
6. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. This regulation states the entry for item 16 is self explanatory. The "Yes" block would be checked if the Soldier had graduated from high school or had received his GED diploma.
DISCUSSION AND CONCLUSIONS:
1. The applicant had not graduated from high school when he enlisted in the Army. There is no evidence in his MPRJ that he received his GED diploma while he was in the service. Therefore, the entry in item 16 of his DD Form 214 is correct.
2. If the applicant received his GED diploma after the date of his discharge on
26 May 1972 it would not be reflected on his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X_____ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20100022152
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ABCMR Record of Proceedings (cont) AR20100022152
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