IN THE CASE OF:
BOARD DATE: 28 April 2015
DOCKET NUMBER: AR20140016302
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 19 June 1987 be corrected to show he had his GED (general education development).
2. The applicant states he received his GED while in the military in February or March 1987.
3. The applicant provides no additional 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. On 30 January 1987, he enlisted in the Regular Army. He completed basic combat and advanced individual training and was awarded military occupational specialty 94B (Food Service Specialist).
3. A Virginia Department of Education Adult Education Service GED Test Record, certified on 2 April 1987, shows he successfully completed the standardized tests in the high school subjects listed.
4. On 19 June 1987, he was released from active duty by reason of failure to meet procurement medical fitness standards. Item 16 (High School Graduate or Equivalent) of his DD Form 214 contains an "X" in the NO block.
5. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. The regulation directed that the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It was important that information entered on the form be complete and accurate and reflected the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
The GED Test Record from Virginia Department of Education shows he earned his GED during his period of active service. Therefore, it is appropriate to enter an "X" in the YES block of item 16 of his DD Form 214.
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 "X" in the NO block of item 16 of his DD Form 214 with a separation date of 19 June 1987 and entering an "X" in the YES block.
_______ _ _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) AR20140016302
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ABCMR Record of Proceedings (cont) AR20140016302
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