IN THE CASE OF:
BOARD DATE: 26 July 2011
DOCKET NUMBER: AR20110002166
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 by deleting the entry "11 years education: General" in block 30 (Remarks) and replacing it with "High School General Education Degree (GED)."
2. The applicant states he took the GED exam at Chu Lai Base Camp in Vietnam in 1968 and it is not reflected on his DD Form 214.
3. The applicant provides copies of his DD Form 214, page 2 of his DA Form 20 (Enlisted Qualification Record), and a National Archives and Records Administration Form 13061 that explains how to obtain GED test scores.
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 enlisted in the Regular Army in Chicago, Illinois, on 9 August 1967 for a period of 3 years and training as a field wireman. At the time of his enlistment he indicated he attended Crane High School from January 1963 to January 1967, he only completed 11 years of schooling, and he did not graduate from high school.
3. He completed all of his training at Fort Leonard Wood, Missouri, and was transferred to Vietnam on 9 January 1968 for assignment to Battery A, 3d Battalion, 18th Artillery Regiment, Americal Division Artillery.
4. He departed Vietnam on 19 July 1969 and was transferred to Fort Carson, Colorado, where he remained until he was honorably released from active duty (REFRAD) on 7 August 1970 due to the expiration of his term of service. He completed 2 years, 11 months, and 29 days of active service. His DD Form 214 reflects that he had "11 years education: General" in block 30.
5. A review of his official records failed to show any evidence of the applicant taking or completing any GED tests.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information from official records that is current as of the effective date of separation.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicant's claim that he took the GED test in Vietnam is not in doubt, there simply is no evidence in the available records to support his claim.
2. His records reflect his education as being the same at the time of his REFRAD as it was when he enlisted. Therefore, in the absence of evidence to show that he did in fact pass the GED tests while on active duty, there appears to be no basis to grant his request.
3. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
____________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) AR20110002166
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ABCMR Record of Proceedings (cont) AR20110002166
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