IN THE CASE OF:	  

		BOARD DATE:	  15 September 2015

		DOCKET NUMBER:  AR20150002853 


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 42 (Education (Years)) of his WD Form 53 (Enlisted Record and Report of Separation-Honorable Service), ending on 19 March 1948, to show completion of 4 years vice 2 years of high school
* Item 36 (Non-Service Education (Years Successfully Completed)) of his DD Form 214 (Report of Separation from the Armed Forces of the United States), ending on 27 November 1951, to show completion of 4 years vice 1 1/2 years of high school

2.  The applicant states he recalls telling the clerk-typist that he had completed his upper level high school credits in a veterans training program.  The clerk may have failed to include the high school credits previously completed.  In the interest of protecting his property and reputation, both forms should be corrected. 

3.  The applicant provides:

* Congressional correspondence
* WD Form 53, ending on 19 March 1948
* DD Form 214, ending on 27 November 1951 
* Declaration of Rights: U.S. Constitution 
* University of Pittsburg Veterans Training Program transcripts 



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's records show he enlisted in the Regular Army on 5 October 1946.  His WD AGO Form 21 (Enlistment Record) shows the following entries: 

	a.  In the "Declaration of Applicant" section: 

* Number of Grades Completed in Grammar School: 8
* Number of Grades Completed in High School: 2
* Years Completed in College or University: 0 

   b.  In the Intelligence Standard: High School Graduated: No. 

3.  He was honorably separated on 19 March 1948.  His WD AGO Form 53 shows he completed 3 months and 20 days of continental service and 1 year, 1 month, and 1 day of foreign service.  It also shows in: 

* Item 21 (Civilian Occupation and Number) - Student, High School x 2
* Item 42, 8 years of Grammar School, 2 years of High School, and 0 years of College 

4.  In connection with his separation from active duty, he enlisted in the Enlisted Reserve Corps (ERC) for 3 years on 17 March 1948.  He was ordered to active duty on 24 October 1950.

5.  His DA Form 20 (Soldier Qualification Record) shows in item 8 (Education) the entry "Year Left School: 1950" and in item 13 (Civilian Occupation) the entry "None."  Furthermore, item 8 also shows the following entries: 

* Grammar School, 8 years completed, Graduated, Pittsburg, PA, degree and date received 1943
* High School, 1 1/2 years completed, Pittsburg, PA, General Subject or Specialization, GED (General Education Development) degree and date received 1948
* College or University: no entry
* Trade, Night, or Business School, 1/2 year, Robert Morris School of Accounting, Pittsburg, PA, major subject or specialization – accounting, degree and date received is blank

6.  He served in Korea from on or about 20 December 1950 to on or about 21 October 1951.  He was assigned to A Company, 772nd Military Police Battalion. 

7.  He was honorably released from active duty on 27 November 1951 and he was transferred to the ERC to complete his remaining service obligations.  His DD Form 214 shows he completed 1 year, 1 month, and 4 days of active service. It also shows in item 46 the entries: 

* Grammar: 8 Years
* High School: 1 1/2
* College: 6 months 

8.  He provides college transcripts, issued by the University of Pittsburg that show he was admitted to General Studies, completed various courses from the Fall of 1957/1958 to the Spring of 1972/1973, and majored in Engineering and Economics. 

9.  War Department Technical Manual 12-236 (Preparation of Separation Forms) provides that the appropriate separation form will be prepared for all enlisted personnel separated from the service by reason of discharge, retirement, or release from active duty or transfer to a Reserve Component.  This manual states (with regards to entries on the WD AGO Form 53):

* Item 21, the civilian education will be the main civilian occupation taken from the WD AGO Form 100 (Separation Qualification Record) or from item 13 of the DA Form 20 
* Item 42, see Service Record or WD AGO Form 20 

10.  Army Regulation 635-5 (Separation Documents) replaced War Department Technical Manual 12-236 and the DD Form 214 replaced the WD AGO Forms. This regulation established uniform administrative procedures and separation forms to be used in connection with the release from active duty or complete separation from military service of commissioned, warrant, and enlisted personnel.  The regulation in effect at the time required an entry of the number of years completed in grammar, high school, and college. 

DISCUSSION AND CONCLUSIONS:

1.  With respect to his WD AGO Form 53: 

	a.  The applicant's service record shows he served in the RA from 5 October 1946 to 19 March 1948.  When he enlisted in the Regular Army on 5 October 1946, he declared having completed 8 years of grammar school and 2 years of high school.  He did not complete 4 years of high school.  His WD AGO Form 53, ending on 19 March 1948 correctly listed his education in item 42 as having completed 8 years of grammar school and 2 years of high school. 

	b.  His available records do not contain and he did not provide sufficient evidence to support his completion of 4 years vice 2 years of high school.  In the absence of evidence to the contrary, it must be presumed the entry pertaining to 2 years of high school is correct and there is insufficient evidence to support changing it. 

2.  With respect to his DD Form 214: 

	a.  The applicant also served on active duty from 24 October 1950 to 27 November 1951.  His DA Form 20 also confirms he completed 8 years of grammar school and 2 years of high school; however, of the 2 years, 1 1/2 years were in high school and 6 months were in business school.  

	b.  His DD Form 214 correctly captured his education by crediting him with 8 years of grammar school, 1 1/2 years of high school, and 1/2 years of business school which adds up to 2 years.  Again, his available records do not contain and he did not provide sufficient evidence to support his having completed 4 years vice 2 years of high school.  In the absence of evidence to the contrary, it must be presumed the entry pertaining to 2 years of high school is correct and there is insufficient evidence to support changing it. 

3.  The college transcripts submitted by the applicant show he attended college from the Fall of 1957/1958 to the Spring of 1972/1973.  This period occurred a few years after he was released from active duty.  Therefore, it would not be entered on his separation documents.
  

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)                                         AR20150002853





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ABCMR Record of Proceedings (cont)                                         AR20150002853



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