RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 OCTOBER 2006
      DOCKET NUMBER:  AR20060001638


      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             |
|     |Ms. Rene’ R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Mr. Peter Fisher                  |     |Member               |
|     |Mr. Rowland Heflin                |     |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 his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show that he
completed requirements for a high school GED (General Educational
Development).

2.  The applicant states that the education level on his DD Form 214 shows
      9 years and should be corrected to show GED.

3.  The applicant provides a report from the United States Armed Forces
Institute.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 20 October 1968.  The application submitted in this case
is dated   24 January 2006.

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 military records show he enlisted in the Regular Army
on      21 October 1965.  He served on active duty for 3 years and was
honorably discharged on 20 October 1968.

4.  The applicant provided a report from the United States Armed Forces
Institute in Madison, Wisconsin.  The report certifies that in April 1967
the applicant achieved scores on the tests of General Educational
Development, high school level in accordance with the national standards of
the American Council on Education.  The report was signed by the director
and contains the statement of “This Report is not a High School Diploma or
Equivalency Certificate” (see reverse side for explanation).  The Board
notes that there was no information listed on the reverse side of the
report.

5.  The applicant’s DD Form 214 shows his education level as “9 years
School.”  Additionally, his DA Form 20 (Enlisted Qualification Record)
shows his civilian education in item 32 as “Auburn High School, Rockford,
Illinois, 9 years, 1965.”

6.  According to information obtained from the United States Department of
Education, the first GED Tests were developed in 1942 to measure the major
outcomes and concepts generally associated with four years of high school
education.  Initiated by the United States Armed Forces Institute (USAFI),
the original tests were administered only to military personnel.  The GED
is composed of a series of five timed tests that evaluates participants’
skills and knowledge in language arts (reading), language arts (writing),
mathematics, social studies, and science.  The GED tests are designed to
measure the skills that correspond to those of recent high school
graduates.  Adults who pass the five tests receive a GED.

7.  Army Regulation 635-5 (Personnel Separations), in effect at the time,
established standardized procedures for preparation and distribution of the
DD Form 214.  The regulation states, in pertinent part, to enter the
highest civilian education level attained as the first entry in item 30.
This information will be taken from the DA Form 20.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided a report that shows he achieved standard scores
on the GED tests.  However, the report states that this report is not a
high school diploma or equivalent certificate.  Therefore, without
information on the reverse side of this report explaining that the
applicant did in fact meet the qualifications necessary to earn his GED
certificate or evidence verifying his qualification for the GED, the
presumption of regularity must apply.

2.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 October 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on            19 October 1971.  The applicant did not
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

__JM ___  __PF____  ___RH __  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.




                                  ______John Meixell__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001638                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061017                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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