IN THE CASE OF:
BOARD DATE: 12 May 2015
DOCKET NUMBER: AR20140016297
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 item 15b (High School Graduate or Equivalent) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she completed General Educational Development (GED).
2. The applicant states, in effect, she wants her DD Form 214, item 15b, corrected to show "Yes" vice "No," indicating she has a high school diploma or a GED. She also states she has a college education.
3. The applicant provides a DD Form 214 for the period of 22 April 2001 to
7 September 2001.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Prior to enlisting in the Regular Army (RA), the applicant completed her initial entry paperwork consisting of DD Form 1966/1 (Record of Military Processing - Armed Forces of the United States) dated 1 December 1998 and her Standard Form (SF) 86 (Questionnaire for National Security Positions) dated
9 November 1998.
3. Her SF 86 shows in item 10 (Where You Went To School), she attended high school at Science Hill High School from August 1987 to June 1991, but received no diploma or date awarded. In addition, she lists Asher Business College and North East Community, with no degree or diploma or date awarded.
4. Her DD Form 1966/1 shows:
* item 12 (Education) - Blank
* item 18i (Accession Date - Years Highest Education Grade Completed) -12
5. On 7 January 1999, the applicant enlisted in the RA. On 15 April 1999, she was discharged with an uncharacterized discharge due to her failure to meet procurement medical fitness standards. Her DD Form 214, item 15b, contains an "X" in the block indicating she was a high school graduate or equivalent.
6. On 22 April 2001, she enlisted in the U.S. Army Reserve (USAR). After she completed initial training and was awarded military occupational specialty 54B (Chemical Operations Specialist), she was honorably released from active duty training on 7 September 2001. Her DD Form 214, item 15b, contains an "X" in the block indicating she was not a high school graduate or equivalent.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that item 15b of her DD Form 214 for the period of 22 April 2001 to 7 September 2001 should be corrected to show she obtained a high school equivalence certificate was carefully considered and determined to have merit.
2. Although the applicant does not provide a copy of her GED or her high school diploma, based on her DD Form 214 for the period of 7 January 1999 to
15 April 1999, it appears she had a high school diploma or equivalent. Therefore, due to an apparent administrative error it is believed that she received a GED prior to her enlistment. Therefore, she is entitled to correction of her DD Form 214 for the period of 22 April 2001 to 7 September 2001 to accurately reflect this fact.
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 current entry in item 15b of her DD Form 214 for the period of
22 April 2001 to 7 September 2001 and replacing it with an "X" indicating "Yes."
_______ _ _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) AR20120017298
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140016297
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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