BOARD DATE: 23 June 2015
DOCKET NUMBER: AR20140019520
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) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he obtained a high school diploma.
2. The applicant states the third entry in Section II (Classification and Assignment Data), item 17 (Civilian Education and Military Schools) of his
DA Form 2-1 (Personnel Qualification Record) shows he earned his general high school diploma at the State Department of Education in 1991.
3. The applicant provides a copy of his DD Form 214 and page 2 of his
DA Form 2-1 in support of his request.
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. The applicant enlisted in the California Army National Guard (CAARNG) on 12 January 1990. On 29 January 1990, he was ordered to active duty training (ADT).
3. On 2 August 1990, the applicant was released from ADT and transferred to his CAARNG unit having completed 6 months and 4 days of creditable active duty service. Item 15b of his DD Form 214 contains an "X" in the "No" block, indicating he was not a high school graduate or equivalent.
4. Item 17 of his DA Form 2-1 includes the following two entries referencing his high school education which indicate:
School
Major/Course/MOS
Duration
Comp
Year
McLane High School
General
3 years
No
1989
State Dept of Education
General-High School
-
Diploma
1991
5. His record shows he was subsequently transferred to the New Jersey Army National Guard (NJARNG), where on 3 December 1992 he was last discharged under honorable conditions, having completed 2 years, 10 months, and 22 days total military service. Item 14 (Highest Education Level Successfully Completed) of his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) contains an entry which shows he successfully completed 12 years of secondary/high school.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or release from control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214. Chapter 2 contained preparation instructions for the DD Form 214. The instructions for Item 15b stated that if a Soldier had a General Educational Development Diploma, check the "YES" block. The source document for completion of the DD Form 214 is the Personnel Qualification Record and documents officially filed in the Official Military Personnel File.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his military record should be corrected to show he obtained his high school diploma. There is insufficient evidence to support this claim.
2. The evidence of record confirms the applicant obtained his high school diploma from the State Department of Education in 1991. At the time of his release from ADT on 2 August 1990, he did not possess his high school
diploma or equivalency. As such, the entry in item 15b is correctly marked as "No."
3. The evidence of record confirms the applicant's successful completion of 12 years of high school or the equivalent in 1991 and this information is reflected on his NGB Form 22, which was issued upon his discharge from the NJARNG on 3 December 1992. A copy of this document will be provided the applicant along with a copy of these proceedings.
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) AR20140019520
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