RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           1 February 2005
      DOCKET NUMBER:  AR2004105551


      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. Walter T. Morrison            |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. William D. Powers             |     |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 his separation document (DD
Form 214) be corrected to reflect his correct Social Security Account
Number (SSAN) and that he received a High School Equivalency Diploma based
on successful completion of General Education Development (GED) tests.

2.  The applicant states, in effect, that he successfully completed the GED
tests and was awarded a High School Equivalency Diploma in 1979.  He also
claims that his SSAN should have the letter “A” after the nine digits of
the number.

3.  The applicant provides a copy of his High School Equivalency Diploma
and GED test results in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 3 April 1980.  The application submitted in this case was
received on 23 March 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 limitation 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 4 April 1977.  He was trained in and awarded
military occupational specialty (MOS) 11B (Infantryman).

4.  The applicant’s Enlistment Contract (DD Form 4) reflects the same SSAN
that is listed in all documents, orders and records on file in his Official
Military Personnel File (OMPF).  This same SSAN is also reflected on the
Personnel Qualification Record (DA Form 2-1) that was prepared on him at
the Reception Station, Fort Knox, Kentucky on 7 April 1977.

5.  The applicant’s DA Form 2-1 shows, in Item 18 (Appointments and
Reductions), that he attained the rank of specialist four (SP4) on 18
October 1978, and that this is the highest rank he held while serving on
active duty.

6.  Item 18 of the applicant’s DA Form 2-1 also shows that he was reduced
to private first class for cause on 19 December 1978, and to private two
(PV2) for cause on 19 July 1979.  The record also shows that during his
active duty tenure, he earned the Sharpshooter Qualification Badge with
Rifle Bar and
Hand Grenade First Class Qualification Badge.

7.  On 3 April 1980, the applicant was honorably separated, by reason of
expiration of term of service.  The DD Form 214 he was issued lists the
same SSAN reflected on his DD Form 4, DA Form 2-1 and on all orders and
documents on file in his OMPF.

8.  The applicant provides a copy of a GED Testing Service Transcript from
the GED Testing Service of the American Counsel on Education, Washington
D.C., which shows he completed GED testing on 27 November 1978.  He also
provides a High School Equivalency Diploma from the Commonwealth of
Kentucky, dated 29 June 1979.  This document confirms he completed the
requirements for and was entitled to the diploma.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  Chapter 2 contains preparation instructions of the DD Form 214.  It
states, in pertinent part, that the “Yes” block will be checked in Item 15
if a Soldier has a GED.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant completed GED testing and
was awarded a High School Equivalency Diploma from the Commonwealth of
Kentucky on 29 June 1979, prior to his separation from the Army on 3 April
1980. As a result, it would be appropriate to amend Item 15 by deleting the
check mark in the “NO” block and by placing a check mark in the “YES”
block.

2.  The applicant’s claim that the SSAN listed on his separation document
is in error was also carefully considered.  However, the evidence of record
confirms the SSAN listed on the applicant’s DD Form 214 is the same as the
verified SSAN listed on his enlistment contract, the record prepared on him
upon his entry on active duty and in all other documents and orders on file
in his OMPF.
3.  Further, the applicant is advised that all SSANs contain nine numeric
digits and do not include an alphabetic character.  Therefore, his claim
that his SSAN should include the letter “A” after the nine numeric digits
is not feasible.  Thus, there does not appear to be any error or injustice
related to the SSAN recorded on his separation document and in his record.


BOARD VOTE:

________  ________  ________  GRANT RELIEF

___JTM__  ___WTM   __WDP__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by amending Item 15 of his
DD Form 214 by deleting the check mark in the “NO” block and placing a
check mark in the “YES” block; and by providing him a corrected separation
document that includes this change.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
correction of his
Social Security Account Number.




            ____Walter T. Morrison ____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004105551                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/02/01                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1980/04/03                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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