IN THE CASE OF:
BOARD DATE: 20 March 2012
DOCKET NUMBER: AR20110019296
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 be corrected to show he completed a General Education Development (GED) High School Equivalency program.
2. The applicant states his DD Form 214 shows that he is not a high school graduate or equivalent.
3. The applicant provides no supporting documentation.
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 served on active duty from 7 February 1980 through 4 February 1983.
3. On 20 October 1980, the State of Colorado Department of Education issued the applicant a High School Equivalency Certificate showing he passed the GED High School level tests. The tests are shown to have been administered at the Fort Carson Army Testing Center.
4. The applicant's DD Form 214, item 16 (High School Graduate or Equivalent) is marked "No."
DISCUSSION AND CONCLUSIONS:
On 20 October 1980, the applicant completed and was awarded a High School Equivalency Certificate and a copy of the certificate was included in his record at the time of separation. Therefore, it would be appropriate to correct his DD Form 214, item 16, to show he was a high school graduate or equivalent.
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 current entry in item 16 of his DD Form 214 and adding the entry "Yes."
_______ _ 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) AR20110019296
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110019296
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