IN THE CASE OF:
BOARD DATE: 15 July 2014
DOCKET NUMBER: AR20130020280
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 (Certificate of Release or Discharge from Active Duty) to show he is a high school graduate.
2. The applicant states he obtained his high school diploma on active duty.
3. The applicant provides his DD Form 214 and his Big Bend Community College High School diploma, given in May 1979.
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. He enlisted in the Regular Army on 9 March 1978 and upon the completion of his training he was assigned to Germany.
3. Item 17 (Civilian Education and Military Schools) of his DA Form 2-1 (Personnel Qualification Record Part 2) shows he attended Berrien City High School, completing 11 years of secondary education in 1978. This document was reviewed and signed by the applicant on 26 August 1980.
4. He was honorably released from active duty on 8 July 1981. Item 16 (High School Graduate or Equivalent) of his DD Form 214 shows he was not a high school graduate at the time this form was issued.
5. On 7 November 1982, he was assigned to Headquarters and Headquarters Company, 400th Military Police Camp (Prisoner of War), Tallahassee, FL. His record contains an initial DA Form 2 (Personnel Qualification Record-Part 1) prepared on 31 December 1982 which shows in item 42 (Education Level- Civilian and Code) the entry, "3-4 Yr HS 4." This information indicates the applicant completed at least 3- 4 years of high school education but he was not a high school graduate. He was discharged from the USAR on 1 January 1984.
6. The applicant's record is void of any documentation showing he received his high school diploma.
7. He provides an unofficial copy of his High School Diploma issued by Big Bend Community College, Moses Lake, Washington given in May of 1979.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form should be complete and accurate. Item 16 shows whether a Soldier has or has not completed high school or equivalent.
DISCUSSION AND CONCLUSIONS:
The available evidence shows that upon entry into the Regular Army the applicant had completed 11 years of education but he was not a high school graduate. There is no evidence in the available record that the applicant completed his high school education during the period covered by his DD Form 214 or during his period of service in the USAR. The applicant provided an unofficial copy of his high school diploma but there is no corroborating evidence of record to show he completed the 12th grade during his period of active duty service or that he updated his record to show he attained his high school diploma during his active duty service. Therefore, there is an insufficient basis for granting the applicant's 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) AR20130020280
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ABCMR Record of Proceedings (cont) AR20130020280
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