IN THE CASE OF:
BOARD DATE: 17 July 2014
DOCKET NUMBER: AR20130019329
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 item 15b (High School Graduate or Equivalent) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 16 January 2004 be corrected to show an "X" in the YES block.
2. The applicant states he swore into the Delayed Entry Program (DEP) prior to his graduation.
3. The applicant provides:
* DD Form 214
* a Diploma from the Commonwealth of Pennsylvania Department of Education
* a letter, dated 28 February 2000, from the Commonwealth of Pennsylvania Department of Education
* a letter, dated 27 March 2000, from the Red Rock Job Corps, Lopez, PA
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 28 March 2000, he enlisted in the U.S. Army Reserve (USAR) for 8 years.
3. Item 18i (YRS./HIGHEST ED GR COMPL) of his DD Form 1966/1 (Record of Military Processing - Armed Forces of the United States) contains the code 11B. According to Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), then in effect, the code 11B indicates 11 actual years successfully completed with a certificate level of an Adult Education Diploma.
4. Item 28 (Data Verification by Recruiter) describes the actual documents used to verify certain items. For item 28e (Education) the recruiter indicated he reviewed the applicant's GED (general education development) and a high school letter.
5. The applicant provided a diploma, issued on 28 February 2000, from the Commonwealth of Pennsylvania Department of Education in recognition of his having met the requirements for issuance of the Commonwealth Secondary School Diploma.
6. He provided a letter, dated 28 February 2000, from the Commonwealth of Pennsylvania Department of Education that notified him he had satisfied the Commonwealth Diploma Program requirements. The letter also provided his scores on the GED tests.
7. On 10 February 2003, he entered active duty and on 16 January 2004 he was released from active duty. He completed 11 months and 7 days of active service.
8. Item 15b (High School Graduate or Equivalent) of his DD Form 214 contains an "X" in the NO block.
9. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation indicated that an "X" was to be placed in the appropriate box in
item 15b to indicate whether the member was a high school graduate or equivalent.
DISCUSSION AND CONCLUSIONS:
1. The diploma and letter from the Commonwealth Diploma Program that he submitted show he earned his GED prior to his enlistment in the USAR. The entry in item 18i and the recruiter's verification of the applicant's education on his DD Form 1966 indicate that it was known at the time of his enlistment he had his GED. A GED is considered as high school equivalent.
2. It is clear that an administrative error occurred in the completion of the applicant's DD Form 214 for his separation on 16 January 2004. Therefore, it is appropriate to enter an "X" in the YES block of Item 15b of the applicant's
DD Form 214 with a separation date of 16 January 2004.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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
deleting the "X" in the NO block of item 15b of his DD Form 214 with a separation date of 16 January 2004 and entering an "X" in the YES block.
_______ _ __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) AR20130019329
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ABCMR Record of Proceedings (cont) AR20130019329
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