RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           14 April 2005
      DOCKET NUMBER:  AR20040004179


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |MR. James E. Vick                 |     |Chairperson          |
|     |Ms. Ann M. Campbell               |     |Member               |
|     |Ms. Margaret V. Thompson          |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that Item 16 (High School Graduate
or Equivalent) of his separation document (DD Form 214) be corrected by
deleting the check in the “No” box and replacing it with a check in the
“Yes” box.

2.  The applicant states, in effect, that while he was in the Army, he
completed the General Education Development (GED) high school equivalency
tests.

3.  The applicant provides no documentary evidence in support of his
application

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that
occurred on 25 January 1983.  The application submitted in this case is
dated
14 July 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s record shows that he enlisted in the Regular Army and
entered active duty on 20 February 1980.  An Application for Enlistment-
Armed Forces of the United States (DD Form 1966/1) completed during the
applicant’s enlistment processing shows that the highest grade he completed
was the 11th grade.  A DD Form 1966/7 contains an entry that indicates the
applicant stated that he did complete the 11th grade.

4.  The applicant’s Military Personnel Records Jacket (MPRJ) contains no
documents confirming the applicant completed GED testing or obtained his
High School Equivalency while he was on active duty.  The only Personnel
Qualification Record (DA Form 2) on file was completed subsequent to his
separation from active duty, while he was serving as a member of the United
States Army Reserve (USAR).  This record contains an entry indicating that
his civilian education level was unknown.

5.  On 25 January 1983, the applicant was honorably separated from active
duty after completing 2 years, 11 months and 6 days of active military
service.  The DD Form 214 he was issued at the time contains a check mark
in the “No” block of Item 16.  The applicant authenticated this document
with his signature in Item 21 (Signature of Member Being Separated).

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he completed the GED equivalency tests
while he was on active duty was carefully considered.  However, there is
insufficient evidence to support this claim.

2.  The evidence of record confirms the applicant had completed the 11th
grade at the time of his enlistment in the RA.  His MPRJ is void of any
documents indicating that he completed high school equivalency testing
while he was on active duty.  Further, a PQR completed subsequent to his
release from active duty, while he was a member of the USAR, contains an
entry indicating his education level was unknown.

3.  The record also shows that the applicant authenticated his DD Form 214
with his signature on the date of his release from active duty.  In effect,
this was his verification that the information contained in the separation
document, to include the Item 16 entry, was correct at the time the
document was prepared and issued.  Absent any evidence of record, or
independent evidence provided by the applicant, that confirms he completed
GED testing while he was on active duty, there is an insufficient
evidentiary basis to support granting the requested relief.

4.  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.  The applicant has failed to
submit evidence that would satisfy this requirement.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 25 January 1983.  Therefore, the time
for him to file a request for correction of any error or injustice expired
on 24 January 1986.  However, he failed to file within the 3-year statute
of limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___AMC    ___MVT _  ___JEV _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




            ____James E Vick______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040004179                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/04/14                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1983/01/25                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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