IN THE CASE OF:	  

		BOARD DATE:	  3 August 2010

		DOCKET NUMBER:  AR20100007300 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he completed the General Educational Development (GED) requirement for High School.

2.  The applicant states that he received his GED while in the Army in 1987.

3.  The applicant provides a copy of his DD Form 214 and Official Transcript of GED Tests Results.

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 record shows he enlisted in the Regular Army on 18 July 1986.  He served 3 years, 10 months, and 18 days on active duty.  He was discharged on 5 June 1990 under the provisions of Army Regulation 635-200, paragraph 14-12b, pattern of misconduct, with a characterization of service of general, under honorable conditions.

3.  Item 15b (High School Graduate or Equivalent) of the applicant's DD Form 214 contains an "X" in the "No" block.  

4.  The Official Transcript of GED Tests Results which the applicant provided is dated 9 December 1987 and it shows the applicant successfully passed the overall requirements for the GED.

5.  Item 17 (Civilian Education and Military Schools) of his DA Form 2-1 (Personnel Qualification Record) shows he completed his GED in 1987.

6.  Army Regulation 635-5 (Personnel Separations – Separation Documents) governed the preparation of the DD Form 214.  It stated that completion of Item 15 was self-explanatory; meaning, if the education was completed prior to or during the period of service, an "X" would be entered in the "Yes" block or if the education was not completed an "X" would be entered in the "No" block.

DISCUSSION AND CONCLUSIONS:

The evidence of record confirms the applicant "Passed" the requirements for completion of his High School GED in December 1987, as evidenced by his Official Transcript of GED Tests Results.  Therefore, it would be appropriate at this time to correct Item 15b of the applicant's DD Form 214.

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 15b to "Yes" on his 5 June 1990 DD Form 214.



      _______ _   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)                                         AR20100007300



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20100007300