IN THE CASE OF:	

		BOARD DATE:	  19 March 2015

		DOCKET NUMBER:  AR20140012333 


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, correction of his 28 April 1977 DD Form 214 (Report of Separation from Active Duty) to show the highest civilian education level he completed and that he served in Korea.

2.  The applicant states he served in Korea from December 1969 to February 1970.  He states he received a high school diploma while serving in Germany in 1975.  He also states he received credits from the University of Maryland (in 1975) and from Cameron University in Oklahoma (in 1979) representing two years of college credit.

3.  The applicant provides no documentary evidence in support of his application.

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.  A DD Form 398 (Statement of Personal History), prepared by the applicant on 22 April 1968, shows in item 9 (Education), in pertinent part, he attended Lawton High School from November 1967 to 26 May 1968 and that he did not graduate.

3.  The applicant enlisted in the U.S. Army Reserve on 23 April 1968 for a period of 6 years and he further enlisted in the Regular Army (RA) on 16 August 1968 for a period of 3 years.

4.  A DD Form 398, prepared by the applicant on 26 March 1970, shows in
item 9, in pertinent part, he attended Lawton High School from August 1965 to May 1968 and that he did not graduate.

5.  His DA Form 20 (Enlisted Qualification Record) shows in –

* item 31 (Foreign Service) – 

* Korea:  20 January 1969 through 13 February 1970
* Germany:  18 December 1972 through 13 March 1976

* item 32 (Civilian Education):  Lawton High School, 11 Years, 1968
* item 47 (Signature of Individual):  he signed the form on 22 August 1968
* item 48 (Date of Audit):  6 May 1974

6.  His DA Form 2-1 (Personnel Qualification Record) shows in –

* item 5 (Oversea Service) –

* Korea:  20 January 1969 through 13 February 1970
* Germany:  18 December 1972 through 12 March 1976

* item 17 (Civilian Education and Military Schools) –

* School:  Lawton High School
* Major/Course of Study:  General
* Duration:  3 Years
* Completed:  No
* Year:  1968

* item 33 (Date) –

* Prepared:  26 April 1976
* Reviewed:  3 November 1976
* item 34 (Signature):  the applicant signed the form

7.  His DA Form 2 (Personnel Qualification Record) shows in –

* item 5 (Date Prepared):  13 December 1976
* item 35 (Date Returned from Overseas):  12 March 1976
* item 36 (Area of Last Foreign Service Tour (FST)):  Europe
* item 42 (Education Level – Civilian):  3 Years High School

8.  A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the applicant entered active duty this period on 16 August 1968 and he was honorably discharged on 26 April 1970 to reenlist in the RA.
It also shows in –

* item 22 (Statement of Service), block c (Foreign and/or Sea Service):
1 year, 0 months, 23 days
* item 30 (Remarks):  Reference item 22c:  "Korea"

9.  A DD Form 214 shows he entered active duty this period on 27 April 1970 and he was honorably discharged on 28 April 1971 to reenlist in the RA.  It also shows in –

* item 22, block c:  "Korea" and 1 year, 1 month, 0 days
* item 30:  "H.S. 3 YRS" (i.e., High School – 3 Years)

10.  A DD Form 214 shows he entered active duty this period on 29 April 1971 and he was honorably discharged on 28 April 1977.  It also shows in –

* item 18 (Record of Service), block f (Foreign and/or Sea Service This Period):  3 years, 2 months, 25 days
* item 19 (Indochina or Korea Service Since August 5, 1964):  "XX" in the "YES" box
* item 20 (Highest Education Level Successfully Completed - in Years) –

* Secondary/High School:  "11" Years (1-12 Grades)
* College:  "0" Years

* item 27 (Remarks):  Last FST:  "Germany"

11.  A review of the applicant's military personnel records failed to reveal evidence that he completed more than 11 years of secondary/high school.  This review also failed to reveal evidence of any college credit.

12.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's discharge on 28 April 1977, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.

   a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Enlisted Qualification Record, Officer Qualification Record, Personnel Qualification Record, Officer Record Brief, enlistment/ reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.

   b.  Section II (Preparation of DD Form 214) contains item-by-item instructions for completing the DD Form 214.  The instructions show for –

* item 18, all service shown will be less time lost
* item 19, for Vietnam service, place an "X" in the "YES" block and give specific dates of service; specific dates are not required for Korea
* item 20, include education competed in military service, as well as education completed prior to service; college credits will be entered to the nearest complete year

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his 28 April 1977 DD Form 214 should be corrected to show he received a high school diploma (in 1975) and two years of college credit (as of 1979), and also his service in Korea.

2.  The evidence of record shows that the applicant reported on at least two occasions that he attended Lawton High School prior to entering military service.  He also reported he completed three years of high school and that he did not graduate.

   a.  He verified that this civilian education information was accurate/correct when he reviewed his records on 3 November 1976.

   b.  There is no evidence of record and the applicant provides insufficient evidence to show he completed any additional civilian education prior to his discharge on 28 April 1977.

   c.  Item 20 of his 28 April 1977 DD Form 214 shows he completed 11 years of high school and zero (0) years of college.
   d.  Therefore, there is no basis for correcting item 20 of his DD Form 214.

   e.  It is noted that college credit the applicant claims he completed in 1979 (i.e., after the date of his discharge) would not be entered on his DD Form 214.

3.  Records show the applicant served in Korea from 20 January 1969 through 13 February 1970.  In addition, the two DD Forms 214 he was issued (on 26 April 1970 and 28 April 1971) also show his overseas service in Korea.

4.  The DD Form 214 the applicant was issued on 28 April 1977 shows his last FST (Germany) and also that he served in Korea (i.e., in item 19).  (It is noted, specific dates are not required to be entered for service in Korea.) 

5.  Thus, the evidence of record shows that his 28 April 1977 DD Form 214 shows his correct civilian education level and his foreign service in Korea.

6.  Therefore, in view of all of the foregoing, there is no basis for correcting any of the applicant's DD Forms 214 in this instance.

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)                                         AR20140012333



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ABCMR Record of Proceedings (cont)                                         AR20140012333



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