BOARD DATE: 21 May 2013
DOCKET NUMBER: AR20120020135
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 (Report of Separation from Active Duty) be corrected to show in block 20 (Highest Education Level Successfully Completed) that he completed his Associate of Arts Degree.
2. The applicant states there is no error or injustice; he simply desires to have his DD Form 214 updated.
3. The applicant provides copies of his DD Form 214 and his transcript showing he was awarded an Associate of Arts Degree on 2 July 2012.
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 27 April 1972. At that time, he indicated he had completed the 8th grade. He completed his training as a teletypewriter repairman and he was transferred to Germany where he remained for 52 months. He was promoted to pay grade E-5 on 12 August 1977.
3. On 27 January 1978, he was honorably released from active duty at Fort Detrick, Maryland due to the expiration of his term of service. He had served
5 years and 9 months of active service and his DD Form 214 shows he completed 8 years of education.
4. A review of his official records failed to show evidence of the applicant completing more than 8 years of education while on active duty.
5. The transcript provided by the applicant shows he completed an Associate of Arts Degree on 2 July 2012.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation. Changes that occur subsequent to the period covered by the
DD Form 214 are not authorized for retroactive entry on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to have his DD Form 214 updated to reflect his current civilian education has been noted and found to lack merit.
2. The DD Form 214 serves as a snapshot in time and is intended to show information that exists at the time of separation. Subsequent changes to items listed on the DD Form 214 are not authorized to be changed or entered on the DD Form 214.
3. The applicant earned his Associate of Arts Degree in 2012; therefore, he is not authorized to have his education changed on the DD Form 214.
4. Accordingly, there appears to be no basis to grant the applicants request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X______ __X______ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20120020135
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