BOARD DATE: 2 August 2011
DOCKET NUMBER: AR20110000822
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 records to show he completed his General Educational Development (GED) while serving in the U.S. Army and payment of the bonus associated with completion of the GED.
2. The applicant states his records do not show he completed the GED high school equivalency credential; therefore, he was denied payment of the associated bonus.
3. The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a diploma.
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. A DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) and DA Form 3286-13 (Statements for Enlistment - U.S. Army Combat Arms Unit/Area of Choice Enlistment Option), Appendix B, show the applicant:
a. Enlisted in the U.S. Army Reserve (USAR) for a period of 6 years on
23 June 1977.
b. He was discharged from the USAR on 18 July 1977 to enlist in the Regular Army (RA) for a period of 3 years on 19 July 1977.
c. He enlisted for military occupational specialty (MOS) 11B1O (Infantryman) and assignment to the 3rd Infantry Division (Mechanized), U.S. Army Europe.
d. Appendix B shows in item 2 (Understanding) the applicant entered the handwritten statement "I understand I will not get a cash bonus," he initialed the statement, and authenticated it with his signature.
3. A DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), DA Form 3286 (Statements for Reenlistment), and AE Form 1385-R (Statement), show the applicant reenlisted in the RA for a period of
4 years on 10 October 1979.
a. He reenlisted for his present duty assignment in MOS 11B1O and a Selective Reenlistment Bonus (SRB).
b. There is no reference to a bonus for completion of a GED.
4. A DA Form 2-1 (Personnel Qualification Record) shows in:
a. Item 4 (Assignment Considerations):
(1) the entry "Combat Arms Unit/Area of Choice Enlistment Option, Table H-13, Army Regulation 601-210, 3rd Infantry Division (Mechanized), Europe, 11B1O" is lined-thru (i.e., deleted);
(2) the entry "SRB-1A Paid (791010)" (i.e., 10 October 1979); and
(3) it also shows an entry that indicates the applicant was not eligible for reenlistment.
b. Iitem 17 (Civilian Education and Military Schools) that the applicant attended Northeast High School for 2 years (as of 1975), but did not complete the general program course of study.
5. A DD Form 214 shows the applicant entered active duty this period on 19 July 1977 and he was discharged under honorable conditions on 5 August 1982, under the provisions of Army Regulation 635-200 (Enlisted Personnel - Personnel Separations), paragraph 13-4c, based on unsuitability (apathy, defective attitude, or inability to expend effort constructively).
a. He completed 5 years and 5 days of net active service this period.
b. Item 16 (High School Graduate or Equivalent) shows "No" is annotated with an "X."
6. A Standard Form 180 (Request Pertaining to Military Records) and letter from the applicant show the applicant requested correction of his DD Form 214 to show his GED high school equivalency. The applicant provided a copy of a diploma that shows he satisfactorily completed a course of study prescribed for graduation from the high schools of the State of Washington and was awarded a diploma on 4 August 1980.
7. A DD Form 215 (Correction to DD Form 214), dated 31 January 1991, shows item 16 of the applicant's DD Form 214, with a separation date of 5 August 1982, was corrected to show the entry "Yes."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his records should be corrected to show he completed the GED high school equivalency credential; therefore, he should be paid a bonus associated with completion of the GED.
2. The evidence of record shows the applicant completed a GED on 4 August 1980. He requested correction of his records and his 5 August 1982 DD Form 214 was corrected to reflect this on 31 January 1991. Thus, no action is required with respect to this aspect of the applicant's request. A copy of the DD Form 215 will be provided to him.
3. There is no evidence that the applicant's enlistment contract or reenlistment contract included the guarantee or authorization of payment of a bonus based on completion of the GED. In addition, the applicant provides insufficient evidence to support such a claim. Therefore, there is no basis for granting the requested relief.
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) AR20110000822
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ABCMR Record of Proceedings (cont) AR20110000822
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