BOARD DATE: 4 March 2014
DOCKET NUMBER: AR20130010736
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 1966/2 (Application for Enlistment-Armed Forces of the United States), item 22c (Education-Graduate) to change the "No" entry to "Yes."
2. The applicant states when he completed the DD Form 1966 he had already received his General Education Degree (GED).
3. The applicant provides:
* Official results of [GED] test results, dated 2 April 1984
* DD Form 1966, pages 1-7, dated 12 January 1985
* Internet document from the Ohio Department of Education, dated 6 April 2013
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 record contains an Ohio Certificate of High School Equivalency, issued by the State Department of Education, on 19 April 1984 showing he earned his GED.
3. His record contains a document entitled Official results of [GED] test results, dated 2 April 1984. This document shows he withdrew from High School in April 1979 after completing the 9th grade. He was tested for his GED on 9 April 1984 and passed the examination.
4. His record contains a DD Form 1966 dated 12 January 1985 which shows in:
* Item 13 (Education-Highest Grade Completed) he completed 12th Grade via a GED
* item 22 (a, b, and c) that he attended Marion City Schools, Marion OH from September 1972 to June 1979 but did not graduate from high school
* item 22d shows that although he did not graduate from high school, he was awarded a GED
* item 40d (Education) shows that his recruiter verified he had a GED
5. On 12 January 1985, he enlisted in the Wyoming Army National Guard (WYARNG) and held military occupational specialty 13B (Cannon Crewman).
6. His record contains a DD Form 214 (Certificate of Release or Discharge from Active Duty) showing he entered active duty on 11 February 1985 and was honorably released from active duty on 18 May 1985. This form also shows he had graduated with a high school degree or equivalent.
7. His record contains a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) which shows he was honorably released from the WYARNG on 9 November 1985.
8. Army Regulation 601-210 (Regular Army and Reserve Enlistment Program) states for item 22 of the DD Form 1966, enter name and location of all high schools and higher level educational institutions attended. (Example: Pope High School, Albany, NY) and record degrees granted. Do not list elementary schools unless elementary school was last school attended. If still attending school, enter the word "Present" in "To" column. Note: Applicant will have to provide documents of the highest educational level completed.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that item 22c of his DD Form 1966/2 should be corrected to show a "Yes" entry vice a "No" entry has been carefully considered.
2. item 22 (a, b, c, and, d) is used to record the highest level of formal education at an institution a person completed. The entry on his DD Form 1966 shows that he attended High School from 1972 to June 1979 but did not graduate from High School. However, it does indicate that he received a GED.
3. Additionally, his DD Form 1966 indicates in items 13, 22d, and 40d that he earned a GED.
4. Based on the foregoing evidence, the entry listed in item 22c of his DD Form 1966 is correct as entered, and there is no error or injustice to correct.
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) AR20130010736
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ABCMR Record of Proceedings (cont) AR20130010736
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