IN THE CASE OF:	  

	BOARD DATE:	  8 July 2008

	DOCKET NUMBER:  AR20080006883 


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 that item 16 (High School Graduate or Equivalent) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he was a High School graduate. 

2.  The applicant states that he got his High School diploma at Fort Lewis, Washington in November 1980. 

3.  The applicant provides a High School diploma, dated 7 November 1980.

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 on 30 November 1977, served as a field artillery radar crewman, and was released from active duty on 28 November 1980.
3.  Item 16 on the applicant’s DD Form 214 shows an “X” in the “NO” box.
  
4.  The applicant provided a diploma from St. Mary’s Adult High School which states that he satisfactorily completed a Course of Study prescribed for graduation.  The diploma was awarded on 7 November 1980 and given at Fort Lewis, Washington.

DISCUSSION AND CONCLUSIONS:

The High School diploma awarded to the applicant on 7 November 1980 at Fort Lewis, Washington is accepted as sufficient evidence on which to amend item 16 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 “X” in the “NO” box in item 16 on his DD Form 214; and 

b. adding an “X” in the “YES” box in item 16 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)                                         AR20080006883



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ABCMR Record of Proceedings (cont)                                         AR20080006883



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