IN THE CASE OF:	  

		BOARD DATE:	  27 July 2010

		DOCKET NUMBER:  AR20100000191 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he was a high school graduate or the equivalent.

2.  The applicant states he completed a Washington State high school program while stationed in Germany.  He wants his DD Form 214 to show he was a high school graduate or the equivalent. 

3.  The applicant provides copies of a Washington State high school diploma, a National Personnel Records Center letter forwarding the former item, and his 1984 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 and served on active duty from 9 June 1981 through 30 May 1984.

3.  Block 16 (High School Graduate or Equivalent) of his DD Form 214 is marked "No."

4.  His military personnel record jacket contains a copy of the certificate submitted by the applicant.  It states, "This certifies that [applicant] has satisfactorily completed a course of study prescribed for graduation from high schools in the State of Washington and is therefore awarded this high school diploma."  The document is dated 4 June 1984.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he completed a Washington State high school program while stationed in Germany.  He wants his DD Form 214 to show he was a high school graduate or the equivalent.

2.  The applicant probably did complete high school graduation requirements while on active duty.  Unfortunately, the diploma was not issued until after he had been released from active duty and it would not be appropriate to change the DD Form 214 to indicate otherwise.

3.  In view of the foregoing there is no basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case 


are insufficient as a basis for correction of the records of the individual concerned.



      ___________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)                                         AR20100000191



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20100000191