IN THE CASE OF:	  

		BOARD DATE:	    18 April 2012

		DOCKET NUMBER:  AR20110019449 


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 16 (High School Graduate or Equivalent) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show “Yes” instead of "No."

2.  He states:

	a.  he completed the El Paso Independent School District Evening School Program in the Fall of 1980 while he was stationed at the 43rd Engineer Company at Fort Bliss, TX.

	b.  he was awarded his high school diploma from the El Paso Public School System on 15 January 1981.

	c.  he has valid documentation of his cumulative record card from the El Paso Public School System in which he was granted the necessary grades and credits sufficient in Federal Government, American History, and Social Studies test scores.

3.  He provides his DD Form 214 and Cumulative Record Card – El Paso Public Schools (Grades 9 to 12).


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 25 January 1980 and he was honorably released from active duty on 24 January 1983 at the expiration of his term of service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He completed 3 years of creditable active service.

3.  Item 16 of his DD Form 214 he was issued at the time shows an “XX” in the "No" block indicating he was not a high school graduate or equivalent.

4.  The applicant provided a Cumulative Record Card from the El Paso Public Schools that shows he completed the requirements for a high school diploma on 15 January 1981.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s Cumulative Record Card from the El Paso Public Schools System shows he completed the requirements for a high school diploma on
15 January 1981 prior to his separation.  However, his DD Form 214 shows he was not a high school graduate or equivalent.  The school document provided by the applicant is accepted as sufficient evidence to show he completed the school requirements and graduated from high school on 15 January 1981.   Therefore, it would be appropriate at this time to correct his DD Form 214 to show he was a high school graduate or equivalent at the time of his separation.

2.  In view of the foregoing, his DD Form 214 should be corrected as recommended below.


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 deleting from item 16 the current entry and replacing it with an "X" in the "Yes" block.



      _______ _    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)                                         AR20110019449



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ABCMR Record of Proceedings (cont)                                         AR20110019449



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