IN THE CASE OF
BOARD DATE: 17 July 2014
DOCKET NUMBER: AR20130020398
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 item 15b (High School Graduate or Equivalent) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he obtained a high school diploma.
2. The applicant states that he is a high school graduate and item 15b of his DD Form 214 should be corrected to reflect "yes" instead of "no."
3. The applicant provides a copy of his associate degree and high school diploma certificates.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military record shows he enlisted in the Regular Army on
22 November 1988. He was trained in and awarded military occupational specialty (MOS) 95B (Military Police).
3. The applicant's military record includes a DD Form 1966/2 (Record of Military Processing Armed Forces of the United States) prepared during his enlistment processing. Item 24 (Education) shows he attended Springville Griffith Institute from 1979 through 1983, and graduated.
4. Item 17 (Civilian Education and Military Schools) the applicant's DA Form 2-1 (Personnel Qualification Record) includes an entry which shows he completed a 4-year general course of study in 1983.
5. On 21 November 1992, the applicant was discharged from active duty after completing 4 years of active military service. Item 15b (High School Graduate or Equivalent) of the DD Form 214 issued to him at that time contains an X in the NO block.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains preparation instructions for the DD Form 214. The instructions for Item 15b state, in pertinent part, that if Soldier has a GED, check the "YES" block. The source document for completion of the DD Form 214 is the Personnel Qualification Record and documents officially filed in the Official Military Personnel File.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his military record should be corrected to show he obtained his GED. There is sufficient evidence to support this claim.
2. The DD Form 1966/2 prepared during the applicant's enlistment processing and the DA Form 2-1 completed upon his entry on active duty both confirm he graduated after completing 4 years education at the Springville Griffith Institute in 1983. In addition, the high school diploma he provides is corroborated by the evidence of record. Therefore, item 15b of his DD Form 214 should be corrected to show he graduated from high school by deleting the current "NO" entry and replacing it with a "YES."
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:
a. deleting the "X" entry in the "NO" block of item 15b of his DD Form 214 and adding an X in the "YES" block; and
b. issuing him a document to reflect the above changes.
_______ _ 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.
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