IN THE CASE OF:
BOARD DATE: 9 January 2014
DOCKET NUMBER: AR20130008623
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 completed 12 years of civilian education versus 8 years.
2. The applicant states his discharge document shows he only completed 8 years of civilian education; however, he received his general education diploma while serving on active duty. He wants his DD Form 214 properly documented for future employment.
3. He provides no additional evidence.
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 10 April 1963, the applicant was inducted into the Army of the United States (AUS). Item 10 (Education Grade or Year Completed Elementary and High School) of his DD Form 47 (Record of Induction) shows he completed 8 years of civilian education at the time of his induction. He had not completed high school.
3. He entered active duty, completed initial entry training, and was awarded military occupational specialty 526.10 (Water Supply Specialist). The highest rank/grade he attained during his active military service was specialist four/E-4.
4. His DA Form 201 (Military Personnel Records Jacket) contains a U.S. Armed Forces Institute Form 6A2.15 (Military Test Report) that shows he satisfactorily completed the high school-level general educational development (GED) tests in January 1965.
5. Item 17 (Civilian Education) of his DA Form 20 (Enlisted Qualification Record) shows he completed the GED in 1965 for high school equivalency totaling 12 years of civilian education.
6. On 9 April 1965, he was released from active duty and transferred to the U.S. Army Reserve. Item 10a (Highest Civilian Education Level Completed) of his DD Form 214 shows he completed 8 years of civilian education.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes the standardized policy for preparing and distributing the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active military service at the time of release from active duty, retirement or discharge; therefore, entered information should be complete and accurate. The version of this regulation in effect at the time of the applicant's release from active duty stated to enter the civilian education information from the enlisted Soldier's DA Form 20.
DISCUSSION AND CONCLUSIONS:
1. His DD Form 47 shows he was inducted on 10 April 1963. This form shows he completed 8 years of civilian education at the time of his induction.
2. His records show he completed the GED in January 1965 prior to his separation from active duty. Since his DD Form 214 does not show he completed 12 years of civilian education, his high school equivalency was erroneously omitted from his DD Form 214.
3. His highest civilian education level completed is incorrectly shown on his DD Form 214. It is not unreasonable to conclude this omission resulted from an administrative error that was not discovered at the time. Therefore, his DD Form 214 should be corrected to show he completed 12 years of civilian education.
BOARD VOTE:
___X_____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 amending item 10a of his DD Form 214 to delete the entry "8 years" and replace it with the entry "12 years."
____________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) AR20100015378
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130008623
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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