BOARD DATE: 22 August 2017 DOCKET NUMBER: AR20160001609 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: 22 August 2017 DOCKET NUMBER: AR20160001609 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 correcting item 16 of his DD Form 214 to show "Yes." ____________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: 22 August 2017 DOCKET NUMBER: AR20160001609 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was a high school graduate or equivalent. 2. The applicant states item 16 (High School Graduate or Equivalent) of his DD Form 214 contains a checkmark in the "No" block; however, it should contain a checkmark in the "Yes" block since he obtained his general educational development (GED) diploma. 3. The applicant provides: * DD Form 214 * letter containing Equivalency Test Results issued by the State of New Jersey Department of Education in July 1981 * High School Equivalent Diploma issued by the State of New Jersey Department of Education on 15 July 1982 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 13 March 1981. 3. His available record does not contain a DD Form 1966 (Application for Enlistment – Armed Forces of the United States) or any other enlistment document that indicates his educational level at the time of his enlistment. 4. He was honorably released from active duty on 3 March 1984. Item 16 of his DD Form 214 contains an "X" in the "No" block, indicating he was not a high school graduate or equivalent on his date of separation. 5. He provides: a. a letter from the State of New Jersey Department of Education, Division of School Programs, dated July 1981, which shows his equivalency test results; and b. a copy of a State of New Jersey Department of Education High School Equivalent Diploma dated 15 July 1982 certifying he satisfactorily completed the requirements for the high school equivalent diploma. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. It states for item 16 the entry is "self-explanatory." DISCUSSION: Although it appears the applicant was not a high school graduate or equivalent at the time of enlistment, evidence clearly shows he obtained his high school equivalency during his period of military service and prior to his separation date. His DD Form 214 does not accurately display his high school completion status. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001609 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001609 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2