BOARD DATE:	  23 April 2013

		DOCKET NUMBER:  AR20120017127 


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 received a general education diploma (GED)
* he served with the 65th Engineer Battalion and then transferred to the 25th Infantry Division

2.  He states his military record only shows his completion of 11th grade, but he received his GED.  It also does not show his service with the 65th Engineer Battalion followed by transfer to the 25th Infantry Division.  He wants his military record to reflect his actual service and tours.

3.  He provides a letter from the Department of Veterans Affairs.

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 was inducted into the Army of the United States on 28 September 1966.

3.  His service record includes his DD Form 47 (Record of Induction) which shows he completed 11 years of education and a DA Form 3027 (U.S. Army Request for National Agency Check) which shows he attended Kotzebue Bureau of Indian Affairs (BIA) High School in Kotzebue, AK, from September to October 1965.

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 32 (Civilian Education) that he completed the 11th grade at Kotzebue BIA High School in Kotzebue, AK, in 1965 and

	b.  item 38 (Record of Assignments) that he was assigned to Company A, 65th Engineer Battalion, 25th Infantry Division, in the Republic of Vietnam on 7 October 1967.

5.  Special Orders Number 223, dated 10 August 1968, published by Headquarters, 25th Infantry Division, reassigned the applicant to the U.S. Army Vietnam Returnee Detachment for further assignment to the U.S. Army Transfer Station, Oakland Army Terminal, Oakland, CA.  These orders show he was assigned to Company A, 65th Engineer Battalion, at that time.

6.  He was released from active duty on 9 September 1968 after completing 1 year, 11 months, and 2 days of active military service.

7.  His DD Form 214 shows he completed 11 years of civilian education in item 30 (Remarks).  Item 12 (Last Duty Assignment and Major Command) of his DD Form 214 shows he was assigned to Company A, 65th Engineer Battalion, U.S. Army Pacific (USARPAC), prior to his separation.

8.  Army Regulation 635-5 (Separation Documents) governs preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

9.  The American Council on Education drives the direction, design, and delivery of the GED testing program – the only nationally recognized program that awards high school equivalency credit.  According to the council's Internet website, the GED test is taken by individuals who did not obtain a high school diploma.  The GED tests were originally created to help veterans after World War II complete basic high school courses in preparation for returning to civilian life.  Common reasons for GED recipients not having received a high school diploma include immigration to the United States or Canada; homeschooling; and leaving high school early due to a lack of interest, the inability to pass required tests, or personal problems.  Individuals who pass the test receive a GED.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's service record is void of evidence and he has not provided any evidence which indicates he fulfilled the requirements for receiving a GED prior to his discharge on 9 September 1968.  Therefore, there is no basis for amending his DD Form 214 to show he holds a GED.

2.  The applicant's DD Form 214 currently reflects his last duty assignment and major command as Company A, 65th Engineer Battalion, USARPAC, which appears to be incomplete.  His DA Form 20 shows the 65th Engineer Battalion was part of the 25th Infantry Division.  Therefore, his DD Form 214 should be corrected to show his last duty assignment as "Company A, 65th Engineer Battalion, 25th Infantry Division, USARPAC."

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x___  ___x_____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show his last duty assignment as "Company A, 65th Engineer Battalion, 25th Infantry Division, USARPAC."

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 to show he holds a GED.



      ___________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)                                         AR20120017127



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ABCMR Record of Proceedings (cont)                                         AR20120017127



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