IN THE CASE OF:	  

		BOARD DATE:	  12 August 2008

		DOCKET NUMBER:  AR20080009338 


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, that his separation document (DD Form 214), Item 10a, Highest Civilian Education Level Attained, be corrected to show that he is a high school graduate.

2.  The applicant states this error hinders him from receiving certain benefits in civilian life.

3.  The applicant provides a State High School Diploma which shows that he graduated from Albany-Springfield High School on 30 March 1964.

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 military records show that he was inducted on 6 October 1964.  At that time the applicant completed a Statement of Personal History, DD Form 398, in which he stated that he had graduated from Albany-Springfield High School.

3.  The applicant was awarded the military occupational specialty of light weapons infantryman, was promoted to pay grade E-3, served in Vietnam, and was honorably released from active duty on 12 July 1966.

DISCUSSION AND CONCLUSIONS:

1.  The applicant stated when he was inducted that he had graduated from Albany-Springfield High School, and the high school diploma he provides confirms that he graduated from Albany-Springfield High School.

2.  As such, it would be appropriate to correct Item 10a of his DD Form 214 to show High School Graduate.

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 changing Item 10a of his DD Form 214 to show High School Graduate.



      _________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)                                         AR20080009338





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ABCMR Record of Proceedings (cont)                                         AR20080009338



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