BOARD DATE: 20 February 2014 DOCKET NUMBER: AR20130010808 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 his date of entry be corrected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 7 October 1968. He also requests his completion of General Educational Development (GED) be added to the DD Form 214. 2. The applicant states he is unable to enroll in Department of Veterans Affairs (VA) medical care due to the error in his entry date. He states he earned his GED while in the service. 3. The applicant provides: * a letter, dated 6 March 2013, from National Personnel Records Center (NPRC), St. Louis, MO * his DD Form 214 with an effective date of 7 October 1968 * 2 pages from his DA Form 20 (Enlisted Qualification Record) 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. On 25 August 1966, he enlisted in the Regular Army. Item 24 (Civilian Education) of his DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States) shows he had 11 years of education. 3. His Military Personnel Records Jacket (MPRJ) contains five United States Armed Forces Institute (USAFI) Forms 6A2.15 indicating he completed five USAFI courses; however, his rating in one course, ninth grade English I, was unsatisfactory. There is no evidence in his MPRJ that he received his GED. 4. On 7 October 1968, he was discharged to immediately reenlist. Item 17c (Date of Entry) of the DD Form 214 completed at that time contains the entry "25 Aug 68." Item 25 (Education and Training Completed) contains the entry "CIVILIAN EDUCATION 11 yrs." 5. He immediately reenlisted on 8 October 1968. He was discharged on 15 June 1971. There are no entries on the DD Form 214 for this period of service pertaining to his civilian education level. 6. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation stated that the date entered on active duty or the date of enlistment or reenlistment was accomplished would be entered in Item 17c of the Soldier's DD Form 214. DISCUSSION AND CONCLUSIONS: 1. His DD Form 4 shows he initially enlisted in the Regular Army on 25 August 1966. Item 17c of his DD Form 214 with an effective date of 7 October 1968 is clearly in error. Therefore, the entry in Item 17c of his DD Form 214 should be corrected to read "25 August 1966." 2. It appears the applicant was working to complete his GED while in service. However, he failed one course and there is no evidence that he ultimately received his GED. Therefore, this information cannot be entered on his DD Form 214. 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 17c of his DD Form 214 with an effective date of 7 October 1968 as follows: a. delete: 25 Aug 68 b. add: 25 August 1966 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 a GED. _______ _ 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) AR20130010808 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130010808 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1