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ARMY | BCMR | CY2015 | 20150002703
Original file (20150002703.txt) Auto-classification: Approved

		IN THE CASE OF:  	  

		BOARD DATE:  22 September 2015	  

		DOCKET NUMBER:  AR20150002703 


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 his records to show he was a high school graduate and to record on his DD Form 214 (Certificate of Release or Discharge from Active Duty) his post-active duty U.S. Army Reserve (USAR) periods of service.

2.  The applicant states, in effect, that he is submitting his request in a timely manner. 

3.  The applicant provides copies of his DD Form 214, a high school diploma, USAR discharge orders, and an ARPC Form 249-E (Chronological Statement of Retirement Points).

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 served on active duty from 13 June 1978 through 11 June 1981.

3.  His DD Form 214 shows he was released from active duty and transferred to the USAR.  Item 16 (High School Graduate or Equivalent) is marked "no."

4.  The applicant had a break in his USAR service from 21 April 1984 through 12 December 1999.  He reenlisted and served in the USAR from 13 December 1999 through 28 August 2006.

5.  The applicant provides a copy of a State of Washington High School Diploma showing award of a diploma on 9 February 1981.

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  

DISCUSSION AND CONCLUSIONS:

1.  The DD Form 214 is a snapshot of a service member’s active duty time.  A service member's USAR service after the DD Form 214 end date cannot be added to the form.

2.  The applicant has provided a high school diploma showing he was awarded a high school diploma on 9 February 1981.  Since this was within the period covered by his DD Form 214 it would be appropriate to correct the Item 16 entry to read "yes."

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 16 on his DD Form 214 to read "yes."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to recording his post-active duty USAR service on his DD Form 214.



      ____________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)                                         AR20150002703



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20150002703



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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