IN THE CASE OF:
BOARD DATE: 18 September 2014
DOCKET NUMBER: AR20140002833
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was a high school graduate and he was serving in the rank of sergeant (SGT).
2. The applicant states he was a high school graduate when he enlisted; however, his DD Form 214 shows he had a GED (General Educational Development) Diploma. He also states he was promoted to the rank of SGT and served as a mess SGT.
3. The applicant provides a picture from his high school yearbook.
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 Regular Army as a high school graduate on 11 June 1968 for a period of 3 years. He completed basic training at Fort Bragg, North Carolina and advanced individual training as an infantryman at Fort Polk, Louisiana before being transferred to Germany on 9 November 1968.
3. He was initially assigned to an infantry company as a rifleman and on 31 July 1969 he was assigned the duties of a cook and was awarded primary military occupational specialty 94B2O (Cook) on 15 September 1969. He was promoted to the rank of specialist five (SP5) on 25 February 1970.
4. On 26 April 1970, he departed Germany and he was transferred to Vietnam on 12 June 1970; he was assigned to an artillery battery as a first cook and mess steward.
5. He departed Vietnam on 28 April 1971 and he was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) on
29 April 1971. He had served 2 years, 10 months, and 19 days of active service. His DD Form 214 shows that he was REFRAD in the rank of SP5 and item 30 (Remarks) shows he had a GED.
6. A review of the applicants official records failed to show any evidence to indicate that he was promoted to the rank of SGT or that he was laterally appointed to the rank of SGT.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 incorrectly reflects that he had a GED instead of being a High School Graduate has been noted and found to have merit. The applicant was a high school graduate when he enlisted and is entitled to have his DD Form 214 corrected to reflect such.
2. However, his contention that he was promoted to the rank of SGT is not supported by the evidence of record or the evidence submitted by the applicant.
3. Therefore, in the absence of evidence to show that he was promoted to the rank of SGT, there appears to be no basis to grant that portion of the applicants request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ____X___ ___X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* Deleting the entry GED from item 30 of his DD Form 214
* Adding the entry HS Grad to item 30 of the DD Form 214
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing his rank to SGT.
3. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20140002833
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ABCMR Record of Proceedings (cont) AR20140002833
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