IN THE CASE OF:	  

		BOARD DATE:	 2 December 2014 

		DOCKET NUMBER:  AR20140006335 


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 30 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he received his diploma from Marian Anderson High School in Brinkley, Arkansas in 1970 instead of Maston Anderson High School in Brinkley, Arizona in 1970.

2.  He states he's requesting his official record (DD Form 214) be corrected in regard to incorrect states and misspelled name of places.

3.  He provides his DD Form 214 and a DD Form 215 (Correction to 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.  The applicant enlisted in the Regular Army on 19 June 1970.  

3.  He completed a DD Form 398 (Statement of Personal History) on 19 June 1970 which shows he graduated from Marian Anderson High School in Brinkley, Arkansas in May 1970.

4.  Item 32 (Civilian Education) of his DA Form 20 (Enlisted Qualification Record) shows he graduated from Marion Anderson High School in Brinkley, Arkansas in 1970.

5.  He was honorably released from active duty on 11 June 1973.  His DD Form 214 shows the entry "MASTON ANDERSON HIGH SCHOOL BRINKLEY ARIZONA DIPLOMA 1970" in item 30.

6.  He provided a DD Form 215, dated 6 October 1998, that amended item 8 (Place of Birth (City and State or Country)) of his DD Form 214 to show the entry "Brinkley, Arkansas."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant graduated from Marian Anderson High School in Brinkley, Arkansas in 1970.

2.  However, it appears that an administrative error occurred when his high school information was entered in item 30 of his DD Form 214.  Therefore, it would be appropriate to amend his DD Form 214 to show he graduated from Marian Anderson High School in Brinkley, Arkansas in 1970.

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 amending item 30 of his DD Form 214 to delete the entry "Maston Anderson High School Brinkley Arizona Diploma 1970" and replacing it with the entry "Marian Anderson High School, Brinkley, Arkansas Diploma, 1970."



      ____________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)                                         AR20140006335





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ABCMR Record of Proceedings (cont)                                         AR20140006335



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