BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20160000367 BOARD VOTE: ____x_____ ___x____ ___x_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20160000367 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 block of item 15b of her DD Form 214 for the period ending 9 February 2002 and b. adding an "X" in the Yes block of item 15b of her DD Form 214 for the period ending 9 February 2002. _____________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. BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20160000367 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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 9 February 2002 to show an "X" in the Yes block of item 15b (High School Graduate or Equivalent). 2. The applicant states she graduated from high school on 9 June 1989. 3. The applicant provides a high school student transcript record, dated 9 June 1989. 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 provided a high school student transcript record showing she graduated from Paul Laurence Dunbar Community High School in Baltimore, Maryland, on 9 June 1989. 3. She was ordered to active duty for training as a member of the U.S. Army Reserve on 5 May 1992 and she was released from active duty on 31 August 1992. Her DD Form 214 for the period ending 31 August 1992 shows an "X" in the Yes block of item 15b. 4. Item 23 (Education) of her DD Form 1966 (Record of Military Processing – Armed Forces of the United States), dated 19 January 1993, shows she graduated from Dunbar Senior High School in Baltimore, Maryland, in June 1989. 5. She enlisted in the Regular Army on 3 March 1993 for a period of 3 years. On 9 February 2002, she was released from active duty due to completion of required active service. Her DD Form 214 for the period ending 9 February 2002 shows an "X" in No block of item 15b. 6. She subsequently served in the Army National Guard. Her National Guard Bureau Form 22 (Report of Separation and Record of Service) shows she is a high school graduate. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers at the time of retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The instructions for item 15b stated to check the "Yes" block if the Soldier has a general educational development (high school equivalency diploma). DISCUSSION: 1. The evidence of record shows the applicant graduated from high school in June 1989 as opposed to being awarded high school equivalency. 2. Item 15b of her DD Form 214 for the period ending 9 February 2002 does not show she is a high school graduate. 3. It appears that the regulatory instructions for completing item 15b were unclear or misinterpreted at the time her DD Form 214 for the period ending 9 February 2002 was prepared. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000367 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000367 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2