RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           29 November 2005
      DOCKET NUMBER:  AR20050007325


      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. Stanley Kelley                |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 high school completion be
added to Item 10a (Highest Civilian Education Level Attained) and Item 28
(Service Schools or Colleges, College Training Courses and/or Post Graduate
Courses Successfully Completed) of his separation document (DD Form 214).

2.  The applicant states, in effect, his high school diploma is not
reflected in his record.

3.  The applicant provides a copy of his High School Diploma and Social
Security Account Number (SSAN) Card in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 6 February 1963.  The application submitted in this case
is dated
18 April 2005.

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 he was inducted into the Army and entered
active duty on 8 February 1961.  He was trained in. awarded and served in
military occupational specialty (MOS) 111.00 (Light Weapons Infantryman).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows in
Item
17 (Civilian Education) that the applicant completed 2 years of High School
at Egeria High School, West Virginia in 1958, and that he completed the
General Educational Development (GED) High School Equivalency requirements
and was issued a certificate in 1962.

5.  On 6 February 1963, the applicant was honorably separated after
completing 1 year, 11 months and 29 days of active military service.  The
DD Form 214 he was issued contains the entry “10 Years SEE 29” in Item 10a
and the entry “HS BTRY (GED) CERT 62) in Item 29 (Other Service Training
Courses Successfully Completed).
6.  The applicant provides an unofficial copy of an undated high school
diploma from Egeria High School, West Virginia, which indicated he
completed the course of study required by the State of Virginia for a first
class high school and there was awarded a diploma.

7.  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.  Appendix III of the regulation in effect at the time contained item-
by-item preparation instructions for the DD Form 214.  The instructions for
Item 10a stated the information would be taken from the DA Form 20 as
appropriate.  The instructions for Item 28 stated that service schools,
including dates and major courses which were successfully completed, would
be entered.  It also stated that military sponsored courses completed in
civilian schools and colleges during the period covered by the DD Form 214
would also be included.  The instructions for Item 29 stated that for
enlisted personnel, enter installation training courses, military
correspondence courses, and off-duty courses completed during the period
covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his high school completion should be
recorded in Item 10a of his DD Form 214 was carefully considered and found
to have merit.

2.  The Egeria, West Virginia high school diploma provided by the applicant
is not an official copy and is not a valid source document to use to
support a DD Form 214 entry given the record clearly shows he completed
only 10 years of schooling at the time of his enlistment.  However, the
regulation in effect at the time of his separation did stipulate that the
civilian education contained on the
DA Form 20 would be entered in Item 10a of the DD Form 214. Therefore,
given the applicant’s DA Form 20 confirmed his GED completion, Item 10a of
his
DD Form 214 should have contained the entry “High School Equivalency
Diploma (GED)”.

3.  The applicant’s claim that Item 28 should have included an entry
regarding his GED completion was also considered.  However, the governing
regulation stipulated that military service schools and military sponsored
courses completed in civilian schools and colleges would be entered in Item
28.  The GED testing he completed did not require attendance at a civilian
school or college.  Therefore, it would not be appropriate to enter it in
Item 28.
4.  Item 29 of the applicant’s DD Form 214 contains the entry “HS BTRY
(GED) CERT 62”, which was also not a valid entry.  The regulation stated
that installation training courses, military correspondence courses, and
off-duty courses completed during the period would be entered in Item 29.
The applicant’s GED completion does not fit into this category of courses.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

___SK __  ___MHM_  __LMD__  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 his 6 February
1963 DD Form 214 by deleting the current entry in Item 10a and replacing it
with the entry “High School Equivalency Diploma (GED)” and deleting the
Item 29 entry; and by providing him a correction to the separation document
that includes these changes.

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 Item 28 of the DD Form 214.




            ____Stanley Kelley_______
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050007325                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/11/29                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1963/02/06                              |
|DISCHARGE AUTHORITY     |AR 635-205                              |
|DISCHARGE REASON        |O/S Rtn                                 |
|BOARD DECISION          |Grant Partial                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]