IN THE CASE OF:
BOARD DATE: 3 January 2013
DOCKET NUMBER: AR20120011012
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 (Certificate of Release or Discharge from Active Duty) to show he received a general educational development (GED) certification.
2. The applicant states he received his GED certification in June 1981 at Fort Bliss, TX; however, it was not indicated on his DD Form 214.
3. The applicant provides his DD Form 214.
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 enlisted in the Regular Army on 24 March 1981. He was assigned to Fort Bliss, TX for one station unit training from 31 March 1981 to
2 July 1981 and was awarded military occupational specialty 16S (Man Portable Air Defense System (MANPADS) Crewmember).
3. Item 17 (Civilian Education and Military Schools) of his DA Form 2-1 (Personnel Qualification Record) shows:
* He attended Forest Grove high school and completed one year in 1979
* He attended the United States Army Air Defense School and completed the 7 week MANPADS Crewmember Course in 1981
* He completed the 1 week German head start course in Amberg, Germany in 1981
4. His military record does not contain any evidence to show he received his GED certification.
5. He was honorably released from active duty on 23 March 1984. The "No" box was checked in item 16 (High School Graduate or Equivalent) of his DD Form 214 indicating he had neither a high school diploma or a GED certification at the time of his release from active duty.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. This regulation states the entry for item 16 is self explanatory. The "Yes" block would be checked if the Soldier had graduated from high school or had received his GED diploma.
DISCUSSION AND CONCLUSIONS:
The applicant had not graduated from high school when he enlisted in the Army. There is no evidence in his military record and he provided none to show he received his GED while he was in the service. Therefore, the entry in item 16 of his DD Form 214 is presumed to be correct. Based on the forgoing, there is insufficient evidence to grant 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) AR20120011012
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120011012
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