BOARD DATE: 20 August 2013
DOCKET NUMBER: AR20130001260
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she was a high school graduate or equivalent.
2. The applicant states she did not complete high school but she has a General Educational Development (GED) certificate.
3. The applicant provides:
* her DD Form 214
* a State of Louisiana Department of Education Official Results of GED Test, dated 19 June 1980
* Louisiana High School Equivalency Diploma, dated 27 June 1980
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 U.S. Army Reserve (USAR) on 20 May 1980 for a period of 6 years. Item 22 (Verification of Personal Data - Education) of her
DD Form 1966/2 (Statement of Enlistment) shows she attended Alcee Fortier High School from August 1974 through May 1977, but she did not graduate.
3. She entered active duty for training (ADT) on 29 October 1980. She completed her required training and she was awarded military occupational specialty (MOS) 76P (Materiel Control and Accounting Specialist).
4. On 19 March 1981, she was honorably released from ADT upon completion of MOS training and she was transferred back to her USAR unit. The DD Form 214 she was issued at the time shows she completed 4 months and 21 days of creditable active service. Items 16 (High School Graduate or Equivalent) contains an "X" in the "No" block.
5. She provides a State of Louisiana Department of Education Official Results of GED Test, dated 19 June 1980, that certified the applicant complied with the Adult Education Requirements, has successfully completed the tests of GED, and is entitled to receive a High School Equivalency Diploma.
6. She also provides a Louisiana High School Equivalency Diploma, dated
27 June 1980, that is also contained in her military personnel record, that certified the same. Therefore, in recognition of such educational achievement, she was awarded the Equivalency Diploma from the Louisiana State Department of Education.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The "Yes" block is checked in Item 16 if a Soldier completed his/her GED during their military service.
DISCUSSION AND CONCLUSIONS:
Evidence shows the applicant completed her GED in June 1980 prior to her entry on active duty; however, her DD Form 214 indicates that she was not a High School graduate or equivalent. Therefore, it would be appropriate at this time to correct her DD Form 214 to show she completed her GED during her military service.
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 from item 16 of her DD Form 214 the "X" in the "No" block and placing an "X" in the "Yes" block.
_________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.
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