IN THE CASE OF:
BOARD DATE: 18 December 2012
DOCKET NUMBER: AR20120009070
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 (Armed Forces of the United States Report of Transfer or Discharge) to show he completed 12 years of civilian education vice 11 years.
2. The applicant states:
a. his DD Form 214 shows he completed 11 years of education, but he completed 12 years. However, at the time of his discharge he was 21 years and not caring if his record was correct.
b. when he was drafted he had just begun summer school in order to complete the three courses he needed to graduate.
c. he was told by his recruiter he could get his General Educational Development (GED) diploma or use the books from his high school to get a diploma from his school which sounded good to him. He chose the second option and he completed the 12th grade while serving in the Army.
d. now that he is older and has children and grandchildren, he would like to correct his record so they will not think he did not complete high school. However, he is unable to locate the diploma and therefore, submits documents in support of his application that show he earned his high school diploma.
3. The applicant provides:
* a self-authored statement
* his altered DD Form 214
* his Scholastic Record from Harrisonburg High School (H.H.S.)
* an AFUF Form 255 (Prep Permanent Record Card U.S. Dependents Schools, European Area, Predischarge Education Program)
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 on 30 September 1971. Item 9 (Education) of his DD Form 398 (Statement of Personal History) shows he attended H.H.S. from 1964 to 1971, he did not graduate, and he completed
11 years.
3. Item 32 (Civilian Education) of his DA Form 20 (Enlisted Qualification Record) shows he attended H.H.S. and he completed 11 years in 1971.
4. His record contains a U.S. Army Personnel Command (USAPC) Form 2
(214 Worksheet), dated 23 September 1973 and authenticated by the applicant, that shows item 30 was hand-corrected to show his highest civilian education completed was 11 years.
5. He was honorably released from active duty on 24 September 1973 as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. He completed 1 year, 11 months, and 25 days of total active service. The
DD Form 214 he was issued shows in item 30 (Remarks) the entry "CIV ED:
11 YRS."
6. The applicant submitted:
a. an undated, unsigned, handwritten Scholastic Record, from the H.H.S. that indicates he attended the 8th through 11th grade from 1965 to 1971. He highlighted a typed entry "H.H.S. diploma issued August 1973. See folder."
b. An AFUF Form 255 that shows on 23 April 1973 he enrolled in the Coleman Kaserne PREP Center and he was enrolled in three social studies courses.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document was to provide the individual with documentary evidence of their military service. It is important that information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty service and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. It states for item 30, enter the highest civilian education level attained as the first entry in this block. This information will be taken from the DA Form 20.
DISCUSSION AND CONCLUSIONS:
While it is commendable the applicant wants his children and grandchildren to be proud of his accomplishments, there is no corroborating evidence of record and he did not provide sufficient evidence to show he completed the 12th grade or that he was issued a high school diploma during his period of active service. Therefore, there is no basis for granting the applicant's 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) AR20120009070
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ABCMR Record of Proceedings (cont) AR20120009070
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