IN THE CASE OF:
BOARD DATE: 26 July 2011
DOCKET NUMBER: AR20100028930
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect in block 10a (Highest Civilian Education Level attained) that he attained a 4-year college General Educational Development (GED).
2. The applicant states, in effect, that he took the college GED tests and he took courses from the University of North Carolina Chapel Hill and he desires his DD Form 214 to reflect that he attained a college GED.
3. The applicant provides copies of his:
* DD Form 214
* DA Form 669 (GED Individual Record)
* U.S. Armed Forces Institute (USAFI) Military Test Report
* Notice of Admission to Ohio State University
* Grade slips (three)
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. On 30 December 1963, the applicant enlisted in the Regular Army in Columbus, Ohio for a period of 3 years and training as a microwave radio equipment repairman. At the time of enlistment he indicated that he had completed 4 years of high school.
3. On 14 December 1966, he was honorably released from active duty (REFRAD) due to the expiration of his term of service. He had served 2 years, 11 months, and 15 days of active service. His DD Form 214 issued at the time of his REFRAD shows in block 10a the entry High School (4 years) and in block 10b (Major Courses or Field) the entry General.
4. The USAFI Military Test Report provided by the applicant, dated June 1964, shows that the applicant took the four tests that comprised the college GED and it shows that he received an unsatisfactory rating on test one and a satisfactory rating on the remaining three tests.
5. The Notice of Admission provided by the applicant shows that he was granted admission credits for nine semester hours of English from North Carolina University, credit for Natural and Social Sciences based on his GED tests and credits for military science and physical education based on his military service.
6. A review of his official records failed to show that he was awarded a college GED equivalent while on active duty. His DA Form 20 (Enlisted Qualification Record) shows under civilian education that he completed 4 years of high school in 1959.
7. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214. The regulation in effect at the time provided that information obtained from the individuals official records would be used to complete items 10a and 10b of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 should be corrected to show that he completed a college GED has been noted and appears to lack merit.
2. The applicant has failed to show through the evidence submitted and the evidence of record that he was awarded credit for 4 years of college or that he was issued a college GED diploma by an accredited organization authorized to do so.
3. Therefore, in the absence of official documents to show he was awarded a
4-year college GED there appears to be no basis to correct his DD Form 214 at this time.
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) AR20100028930
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100028930
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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