BOARD DATE: 26 June 2014
DOCKET NUMBER: AR20130017731
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, in effect, that his DD Form 214 (Report of Separation from Active Duty) be corrected to show he received his GED (general education diploma).
2. The applicant states, in effect, he had to complete school in order to remain in the military and get promoted. He completed 12 years of education.
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. Prior to his enlistment, the applicant completed a DD Form 1966 (Application for Enlistment Armed Forces of the United States) that shows he completed 10 years of school.
3. The applicant enlisted in the Regular Army on 21 May 1976.
4. His DA Form 2A (Personnel Qualification Record Part I), dated 4 October 1979, shows his civilian education level as 2 years of high school.
5. Item 17 (Civilian Education and Military Schools) of his DA Form 2-1 (Personnel Qualification Record Part II) shows, in part, he attended high school for 2 years and did not complete high school.
6. His record is void and he does not provide an official transcript of GED test results or any evidence he completed any additional high school or obtained a GED.
7. On 16 May 1979, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 shows in item 20 (Highest Education Level Successfully Completed) 10 years.
8. Army Regulation 635-5, in effect at the time, governed the preparation of the DD Form 214. It stated, in part, that item 20 would include education completed in the military service as well as education completed prior to service.
DISCUSSION AND CONCLUSIONS:
The applicant had not graduated from high school when he enlisted in the Army. There is no evidence in his records that he received his GED while he was in the service. In the absence of such evidence, 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) AR20130017731
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ABCMR Record of Proceedings (cont) AR20130017731
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