IN THE CASE OF:	  

		BOARD DATE:	  2 December 2013

		DOCKET NUMBER:  AR20130006515 


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 records to show he graduated from high school and that he was incarcerated in the Federal Penitentiary at Fort Leavenworth, KS.

2.  The applicant states he was denied [a diagnosis of] post-traumatic stress disorder because his records do not show he was put in any stressful situation(s) while he was in the military.

3.  The applicant provides no additional documentary evidence in support of his application.

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's DD Form 398 (Statement of Personal History), prepared by him on 6 September 1972, shows in item 9 (Education) that he attended DuVal Senior High School in Glenn Dale, MD, from 1969 to 1972, and he indicated with an "X" in the "No" column that he did not graduate.

3.  The applicant enlisted in the Regular Army on 4 October 1972 for a period of 3 years.

4.  A U.S. Disciplinary Barracks (USDB) Form 129 (Education Classification Data), dated 19 December 1973, shows a vocational counselor indicated that the applicant claimed completion of the 11th grade and last attended DuVal High School, Glenn Dale, MD in 1972.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 32 (Civilian Education), he completed the 11th Grade at DuVal Senior High School, Glenn Dale, MD, in 1972; and

   b.  item 38 (Record of Assignments), he was a prisoner at the Correctional Holding Detachment (CHD), USDB, Fort Leavenworth, KS, from 4 December 1973 through 14 February 1974.

6.  Headquarters, Fort George G. Meade (FGGM), MD, Special Court-Martial Order Number 3, dated 27 January 1976, shows the applicant was assigned to Company B, U.S. Army (USA) Personnel Control Facility (PCF), FGGM, MD, at the time the findings of guilty and sentence were set aside and the charges dismissed.

7.  The applicant's DD Form 214 (Report of Separation from Active Duty) shows he entered active duty on 4 October 1972 and he was discharged under honorable conditions on 3 February 1976.  He completed 3 years, 3 months, and 16 days of net active service this period.  It also shows in:

   a.  item 11 (Last Duty Assignment and Major Command):  Company B, 
USA PCF, FGGM, MD (U.S. Army Forces Command); and

   b.  item 20 (Highest Education Level Successfully Completed - In Years), Secondary/High School:  "11" Years (1-12 Grades), College:  "0" Years.

8.  A review of the applicant's military personnel records failed to reveal any evidence that he completed/graduated from high school or that he earned a General Educational Diploma (GED).

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, provides instructions for completing separation documents, including the DD Form 214.  The instructions show for:

   a.  item 11, enter last unit of assignment and major command; and

   b.  item 20, enter highest grade level completed in years.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show he graduated from high school and that he was incarcerated in the Federal Penitentiary at Fort Leavenworth, KS.

2.  Records show during the applicant's enlistment processing in September 1972, he indicated that he completed the 11th grade of high school and that he affirmed this information to a vocational counselor in December 1973.

   a.  There is no evidence of record and the applicant provides insufficient evidence to show that he completed or graduated from high school prior to his discharge.

   b.  The evidence of record shows the applicant's highest level of his civilian education is correctly shown on his DA Form 20 and DD Form 214.

   c.  Thus, there is no basis for correcting the applicant's civilian education in his military records.

3.  The applicant's DA Form 20 shows he was a prisoner at the CHD, USDB, Fort Leavenworth, KS, from 4 December 1973 through 14 February 1974.

   a.  There is no evidence to support the applicant's contention that he was incarcerated at the Federal Penitentiary at Fort Leavenworth, KS.

   b.  The evidence of record shows that his DD Form 214 correctly shows his last assignment (i.e., Company B, USA PCF, FGGM, MD).

4.  However, he may use this Record of Proceedings to show he was a prisoner at the USDB, Fort Leavenworth, KS.

5.  In view of the foregoing, there is no basis for granting the requested relief.


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)                                         AR20130006515



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ABCMR Record of Proceedings (cont)                                         AR20130006515



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