IN THE CASE OF:
BOARD DATE: 12 March 2015
DOCKET NUMBER: AR20140013257
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) for the period ending 28 July 1984 to show the "YES" block is checked in item 16 (High School Graduate or Equivalent).
2. The applicant states he received his high school diploma after he entered active duty; therefore, the information that is currently entered in item 16 is in error.
3. The applicant provides a DD Form 214 and his high school diploma.
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 on 29 July 1981. After completing initial training, he was awarded military occupational specialty 91B (Medical Specialist). The highest rank/grade held while on active duty was specialist/E-4.
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 22 (Education) shows he attended Menchville High School and graduated.
4. On 28 July 1984, he was honorably released from active duty after completing 3 years of service. Item 16 of his DD Form 214 shows an "X" in the "NO" block.
5. The applicant provides his high school diploma which shows he graduated from Menchville High School on 21 August 1981.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes policy and procedures for completion of the DD Form 214. Chapter 2 contains preparation instructions for the DD Form 214. The source documents for completion of the DD Form 214 include those documents officially filed in the Official Military Personnel File.
DISCUSSION AND CONCLUSIONS:
The applicant requests his DD Form 214 for the period ending 28 July 1984 be corrected to show he was a high school graduate. His DD Form 1966/2 indicates he was a high school graduate. He also provides his high school diploma which shows he graduated from high school prior to his release from active duty. It is evident an error was made and his DD Form 214 should be corrected.
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 amending block 16 of his DD Form 214 for the period ending 28 July 1984 to show the "YES" block is checked affirming he graduated from high school.
__________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) AR20140013257
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ABCMR Record of Proceedings (cont) AR20140013257
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