IN THE CASE OF:
BOARD DATE: 2 April 2015
DOCKET NUMBER: AR20140014520
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 item 16 (High School Graduate or Equivalent) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a check mark in the "Yes" box vice the "No" box. He further requests a copy of his high school diploma be provided to him.
2. The applicant states his DD Form 214 indicates he did not earn a high school diploma; however, he received his high school diploma from Tioga High in Rapides Parrish, Louisiana while he was in basic training and advanced individual training. He needs the Board to send him a copy of the diploma.
3. The applicant provides no additional evidence.
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. Item 22 (Education) of his DD Form 1966/2 (Record of Military Processing - Armed Forces of the United States) shows he attended Tioga High School in Rapides Parrish, Louisiana from August 1979 to May 1980 and did not graduate.
3. He enlisted in the Regular Army on 18 February 1986 and held military occupational specialty 76Y (Unit Supply Specialist). The highest rank/grade he attained while serving on active duty was private first class (PFC)/E-3.
4. His DA Form 20 shows he attended Tioga High School until 1980, but he did not complete high school. He affixed his signature to this document on 11 July 1986, indicating the information contained therein was correct.
5. His record does not contain a high school or equivalent diploma, nor is there any evidence in his record that shows he completed high school.
6. He was honorably released from active duty on 2 September 1987. Item
16 of his DD Form 214 shows a check mark in the "No" box, indicating he was not a high school graduate or equivalent.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, states the entry in item 16 of the DD Form 214 is self-explanatory.
DISCUSSION AND CONCLUSIONS:
There is no evidence of record and the applicant has not provided any evidence showing he graduated from high school prior to or during his period of military service. As such, there is insufficient evidence to grant the 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) AR20140014520
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ABCMR Record of Proceedings (cont) AR20140014520
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