IN THE CASE OF:	  

	BOARD DATE:	  17 June 2008

	DOCKET NUMBER:  AR20080005706 


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, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show he obtained his General Equivalency Diploma (GED).   

2.  The applicant states that he obtained a GED while at Fort Ord, California in 1964; however, his records do not reflect it. 

3.  The applicant provides a copy of his DD Form 214.

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.  Item 9 (Education) on the applicant’s DD Form 398 (Statement of Personal History) shows that he did not graduate from high school.  He enlisted on 
31 August 1964 for a period of 3 years.  

3.  The available records do not contain a GED.  However, a Third Army Form 215 (Personal History Statement of Accused), dated 25 January 1965, shows the applicant obtained his GED.  

4.  On 12 February 1965, the applicant was discharged with a general discharge.  
5.  Item 10a (Highest Civilian Education Level Attained) on the applicant’s DD Form 214 shows the entry, “2 years High School.”  

DISCUSSION AND CONCLUSIONS:

The entry on the Third Army Form 215 which shows the applicant obtained his GED prior to separating is accepted as sufficient evidence on which to amend item 10a on his DD Form 214.  

BOARD VOTE:

___xx___  ___xx___  __xx____  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:

	a.  deleting the entry in item 10a on his DD Form 214; and 







	b.  adding the entry, General Equivalency Diploma” in item 10a on his DD Form 214. 


       _   _xxxx______   ___
       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)                                         AR20080005706





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ABCMR Record of Proceedings (cont)                                         AR20080005706



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