IN THE CASE OF:
BOARD DATE: 21 May 2013
DOCKET NUMBER: AR20120020413
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 (Certificate of Release or Discharge from Active Duty) to show he is a high school graduate.
2. The applicant states his DD Form 214 makes him look like he did not graduate.
3. The applicant provides copies of his DD Form 214 and his high school diploma.
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. On 16 April 1982, while still in high school, the applicant enlisted in the U.S. Army Reserve (USAR). Order Number 76-6X, San Antonio, TX dated 16 April 1982, ordered him to initial active duty for training with a report date of 13 July 1982.
3. His DA Form 2-1 (Personnel Qualification Record - Part II) shows in Item 17 (Civilian Education and Military Schools) that he had completed the general education curriculum at Stroman High in 1982.
4. On 13 July 1982, the applicant entered active duty for training. He completed training as a metal body worker. On 1 February 1983, he was released from active duty training and transferred to his USAR unit.
5. His DD Form 214, item 16 (High School Graduate or Equivalent) is marked "NO" indicating that he did not complete high school.
6. The applicant has provided a copy of his high school diploma stating that he satisfactorily completed the regular course of study as prescribed for the high school department and he is entitled to receive this diploma, dated 28 May 1982.
7. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge. Item 16 is to indicate whether the Soldier has or has not completed high school or equivalent study.
DISCUSSION AND CONCLUSIONS:
1. The available evidence clearly shows the applicant enlisted in the USAR while still in high school. He subsequently graduated from high school and entered active duty for training. However, his DD Form 214 incorrectly indicates he was not a high school graduate.
2. In view of the above, the applicant's DD Form 214 should be corrected to show he graduated from high school.
BOARD VOTE:
____x___ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry marked "NO" in item 16 of his DD Form 214 and marking the entry "YES" to show he graduated from high school.
_______ _ _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) AR20120020413
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ABCMR Record of Proceedings (cont) AR20120020413
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