IN THE CASE OF:
BOARD DATE: 22 May 2012
DOCKET NUMBER: AR20110023211
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he received his General Education Development (GED) certification.
2. The applicant states there wasnt enough time before his discharge [to ensure this correction was made].
3. The applicant provides no additional documentation in support of his application.
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 was inducted into the Army of the United States on 21 March 1962. Item 10 (Education Grade or Year Completed Elementary and High School) of his DD Form 47 (Record of Induction) indicates he had completed 10 years of education at the time of his induction; however, he had not completed high school.
3. Item 17 (Civilian Education) of his DA Form 20 (Enlisted Qualification Record) shows he attended high school in Cleveland, OH, but did not graduate.
4. On 20 March 1964, he was honorably released from active duty and transferred to the U.S. Army Reserve. Item 10a (Highest Civilian Education Level Attained) of his DD Form 214 contains the entry 10 years.
5. His available record contains several Military Test Reports from the U.S. Armed Forces Institute that indicate he did successfully complete certain examinations in general math, general science, American history, and 9th grade English; however, he did not successfully complete each of these examinations and none of the Military Test Reports indicate he took the examinations as part of an overall GED completion plan. Furthermore, his available record does not contain any documentation, and he has not submitted any documentation, that shows he attained his GED during his period of active military service.
6. Army Regulation 635-5 (Personnel Separations Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated, in pertinent part, that completion of Item 16 was self-explanatory; meaning, if the education was completed prior to or during the period of service, an "X" would be entered in the "Yes" block or if the education was not completed an "X" would be entered in the "No" block.
DISCUSSION AND CONCLUSIONS:
The applicant's record is void of any documentation that shows he completed his GED. Furthermore, his DD Form 47 and DA Form 20. There is insufficient evidence in his record that shows he completed his GED during his military service. Therefore, there is insufficient evidence to grant him the requested relief in this case.
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) AR20090003480
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110023211
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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