RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 March 2007
	DOCKET NUMBER:  AR20060012672 


	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.



	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 record be corrected to show he earned his General Equivalency Diploma (GED) and a copy of his medical records forwarded to him. 

2.  The applicant states, in effect, that the Alabama Education Office notified some parts of the “Service” of his educational level.  He also indicates that he was hospitalized at Fort Knox, Kentucky, in early January or February 1980, for his feet and skin.  He concludes that he never healed and that he was discharged without medical benefits.

3.  The applicant provides the following documents in support of his application:  Department of Children’s Service; Taft Youth Development Center Letter, dated 19 June 2006; Taft Youth Center Report Card; Form T-1, Department of Veterans Affairs (VA) Letter, dated 12 June 2006; and Tennessee Department of Corrections, Limited Active Notice.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 18 April 1980.  The application submitted in this case is dated 
31 July 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 record show that he initially enlisted in the Tennessee Army National Guard (TNARNG) on 22 August 1979.  The Application for Enlistment – Armed Forces of the United States (DD Form 1966) prepared during his enlistment processing shows, in Item 22 (Education), that he attended Eustis High School in Eustis, Florida.  It also contains an “X” in the “NO” box under the heading “Graduate.”  


4.  The applicant's Personnel Qualification Record (DA Form 2-1) contains an entry in Item 17 (Civilian Education and Military Schools), which shows he attended Eustis High School in 1976, and that he did not complete the general course requirements.  Item 33 (Reviewed) shows the applicant reviewed this document for accuracy on 7 January 1980.

5.  The applicant’s medical records were not available to the Board for review and there are no documents in his Official Military Personnel File (OMPF) to show that he was hospitalized at Fort Knox, Kentucky for any reason.

6.  On 18 April 1980, while serving on active duty for training (ADT), the applicant was honorably discharged by reason of “Trainee Discharge Program Marginal or Nonproductive.”  The separation document (DD Form 214) he was issued at that time, as corrected by a DD Form 215 (Correction to DD Form 214), dated 6 September 2006, shows he completed 2 months and 13 days of active military service and 4 months and 16 days of inactive military service.  Item 16 (High School Graduate or Equivalent) contains an “X” in the “NO” block.  The applicant authenticated this document with his signature in Item 21 (Signature of Member Being Separated).

7.  The applicant provides a document titled “Report Card” and a Form T-1, which contains test scores achieved from the Taft Youth Center located in Pikeville, Tennessee.  The Form T-1 includes a handwritten statement that indicates he completed and passed the GED course of study on 15 May 1979.  

8. 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 for the DD Form 214.  The instructions for Item 15b state, in pertinent part, that if Soldier has a GED, check the "YES" block.  The source document for completion of the DD Form 214 is the Personnel Qualification Record and documents officially filed in the MPRJ.  

9.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies and mandated operating tasks for the Military Personnel (MILPER) Information Management/Records Program of the Military Personnel System.  This regulation clarifies the final disposition procedures for military personnel files upon separation of Soldiers, to include instructions on when to give applicable files to Soldiers for safekeeping.  Table 6-8, section 3 states that upon discharge from the active army with no further duty in a component of the Army, medical and dental records for active army Soldiers will be forwarded to the Veterans Records Management Center, Post Office Box 15090, St. Louis, Missouri  63115-8950. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his records should be corrected to show he earned his GED has been carefully considered.  However, there is insufficient evidence to support this claim.

2.  The evidence of record confirms that the applicant did not graduate from high school prior to his entry on active duty, as evidenced by the DD form 1966 prepared during his enlistment processing and the DA Form 2-1 prepared upon his entry into military service.  The Report Card and Form T-1 he provides indicate he obtained his GED on 15 May 1979, prior to his entry on active duty; however, this is not an official transcript and it is not verified by a record entry in Item 17 of his DA Form 2-1 or Item 16 of his DD Form 214, both of which he reviewed and authenticated at the time of his separation.  In effect, his review of the DA Form 2-1 and authentication of the DD Form 214 was his verification the information contained on these records, to include the civilian education entries, was correct at the time the documents were reviewed and issued.  As a result, absent an official transcript confirming he completed his High School GED, there is an insufficient evidentiary basis to support granting the requested relief. 

3.  By regulation, on discharge from the active army with no further duty in a component of the Army, medical and dental records are forwarded to the Veterans Records Management Center, Post Office Box 15090, St. Louis, Missouri  63115-8950.  Therefore, the applicant is advised to submit a request for his medical records to that agency.  The applicant's medical records were not included in the records provided the Board for review.  

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 18 April 1980, the date of his discharge.  Therefore, the time for him to file a request for correction of any error or injustice expired on 17 April 1983.  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

___EL_  _  __LMB __  __MJF __  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.




_____Lester Echols_______
          CHAIRPERSON




INDEX

CASE ID
AR20060012672
SUFFIX

RECON
NO
DATE BOARDED
2007/03/29
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1980/04/18
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON
Trainee Discharge Program
BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
100.0000
2.

3.

4.

5.

6.