BOARD DATE: 16 April 2015
DOCKET NUMBER: AR20140015494
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he was a high school graduate or equivalent.
2. The applicant states he received his General Educational Development (GED) while on serving on active duty and his GED paperwork was sent to the wrong State.
3. The applicant provides his GED test results statement.
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 27 June 1977. On 6 June 1979, he was assigned to the 3rd Squadron, 5th Calvary Regiment, Fort Lewis, WA.
3. His record contains a Certificate of Educational Competence, dated 30 November 1979, issued by the Clover Park Education Center, Fort Lewis, wherein it shows he completed the required testing program. An attached form shows he successfully completed the GED testing program on 3 September 1979 with test scores.
4. On 26 June 1980, he was honorably released from active duty and transferred to the U.S. Army Reserve. Item 16 (High School Graduate or Equivalent) of the DD Form 214 he was issued shows an X is marked in the "No" block.
5. The applicant provides an Official Report of Test Results, dated 26 August 2014, issued by the GED Testing Service of the American Council of Education, wherein it shows he successfully completed and passed the GED testing on 3 September 1979.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant completed his GED in 1979 while serving on active duty status. It appears an error occurred during the preparation of his DD Form 214 and the "No" block of item 16 of his DD Form 214 was inadvertently checked instead of the "Yes" block. Therefore, it would be appropriate to correct his DD Form 214 accordingly.
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 deleting the entry in item 16 of his DD Form 214 and placing an X in the "Yes" block of this item.
_______ _ 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) AR20140015494
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ABCMR Record of Proceedings (cont) AR20140015494
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