BOARD DATE: 23 August 2011
DOCKET NUMBER: AR20110003412
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 (Certificate of Release or Discharge from Active Duty) to show he was a high school graduate or equivalent.
2. The applicant states he completed his General Education Development (GED) and received his certificate at Fort Hood, TX, prior to his release from active duty.
3. The applicant provides his GED certificate.
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's records show he enlisted in the Regular Army on 23 September 1980. Item 22 (Verification of Personal Data - Education) of his DD Form 1966/2 (Statement of Enlistment) show she attended Grant High School, Van Nuys, CA, from September 1976 to May 1979 but he did not complete his high school.
3. He held military occupational specialty 51R (Interior Electrician). He also served in Korea from 7 March 1983 to 2 March 1984.
4. He was honorably released from active duty on 22 September 1984 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
5. His DD Form 214 shows she completed 4 years of creditable active service. Items 16 (High School Graduate or Equivalent) placed an "X" in the "No" block.
6. He provides a GED certificate, dated 22 August 1984 that show she demonstrated satisfactory performance in the GED testing program.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The "Yes" block is checked in Item 16 if a Soldier completed his/her GED during their military service.
DISCUSSION AND CONCLUSIONS:
1. The applicant completed his GED in September 1984, during his military service; however, his DD Form 214 indicates that he is not a High School graduate or equivalent. Therefore, he is entitled to correction of his records to show he completed his GED during his military service.
2. There is sufficient evidence to justify the above change to his record.
BOARD VOTE:
____x_ ___x_____ ____x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the "X" in the "No" block from item 16 of his DD Form 214 and adding an "X" in the "Yes" block.
____________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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