IN THE CASE OF:
BOARD DATE: 23 April 2014
DOCKET NUMBER: AR20130016079
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 (Report of Separation from Active Duty) to show he received a General Educational Development (GED).
2. The applicant states he received a GED through the University of Maryland when he was in Hohenfels, Germany, in 1977. He states his DD Form 214 shows he finished 11 years of school.
3. The applicant provides a copy of his DD Form 214.
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 enlisted in the U.S. Army Reserve (USAR) on 5 November 1976, in pay grade E-1. His DD Form 1966/2 (Record of Military Processing Armed Forces of the United States) shows he was not a high school graduate at the time of his enlistment. He enlisted in the Regular Army on 9 November 1976.
3. The applicant completed training as a tactical wire operations specialist. He arrived in Germany on 14 March 1977. He was assigned to C Battery, 3rd Battalion, 60th Air Defense Artillery. He was promoted through the ranks to pay grade E-3.
4. On 19 January 1979, the applicant departed Germany en-route to the United States. He was discharged under honorable conditions on 22 January 1979.
5. Item 20 (Highest Education Level Successfully Completed (In Years)) on his DD Form 214 is marked "11."
6. Item 42 (Education Level) "Civilian and Code" on the applicant's DA Form 2 (Personnel Qualification Record Part I) shows he had 3 years of high school.
7. Item 17 (Civilian Education and Military Schools) on his DA Form 2-1 (Personnel Qualification Record Part II) does not show he completed a GED course.
8. A review of the applicant's Army Military Human Resource Record (AMHRR) fails to reveal that he ever received a GED while he was in the Army.
9. Army Regulation 635-5 (Personnel Separation Separation Documents) is the authority for the preparation of the DD Form 214. The regulation in effect at that time provides that item 20 include education completed in military service as well as education completed prior to service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted.
2. There is insufficient evidence in his AMHRR, and the applicant has not provided sufficient evidence, showing that he received a GED while he was in the Army. Therefore, it should not be shown that he did on his DD Form 214.
3. In view of the foregoing, the applicant's request should be denied.
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) AR20130016079
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130016079
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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