IN THE CASE OF:	

		BOARD DATE:	  3 February 2009

		DOCKET NUMBER:  AR20080010197 


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, that his DD Form 214 (Report of Separation from Active Duty) be corrected to show he received his GED (general equivalency diploma).

2.  The applicant states, in effect, that he received his GED while in the Army and it is not shown on his DD Form 214.  He also states, in effect, that this omission was done as a spiteful response to the reason for his discharge.  He also states that this is the first time for any questions of his educational background.

3.  The applicant provides no additional documentation in support of his application.

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 military records show he enlisted in the United States Army Reserve on 5 October 1973 and enlisted in the Regular Army, in pay grade E-1, on 29 October 1973.  He completed basic and advanced individual training and was awarded military occupational specialty 52B, Power Generation Equipment Operator.  

3.  The applicant's DA Form 20 (Enlisted Qualification Record) does not show he received a GED while in the service.  His records show he completed 11 years of general education.

4.  The applicant was discharged from active duty on 27 January 1976, under the provisions of Army Regulation 635-200, for unsuitability.  Item 20 (Highest Education Level Successfully Completed (In Year)) shows 11 years.  

5.  Army Regulation 635-5, in effect at the time, governed the preparation of the DD Form 214.  It stated, in pertinent part, that Item 20 would include education completed in the military service as well as education completed prior to service.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not entitled to correction to his DD Form 214 to show he received a GED.  He has not shown error, injustice, or inequity for the relief he now requests.  

2.  The evidence of record does not show he received a GED while in the Army.  His education is shown as completion of 11years and he has not shown otherwise.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  

4.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20080010197



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080010197


2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1