IN THE CASE OF:

	BOARD DATE:	        17 July 2008

	DOCKET NUMBER:  AR20080006972 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his records to show he completed a General Education Diploma during his military service.

2.  The applicant states that he completed his GED at Valley Forge General Hospital, Pennsylvania, and that when his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) was prepared, the GED was left off.  

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214, dated 11 May 1967.

	b.  List of major Base Camps Fire Support Bases (FSB), Landing Zones (LZ), and other compound posts in the Republic of Vietnam.

	c.  Standard Form 509 (Medical Record-Progress Notes), dated on miscellaneous dates in 1989 and 1990.

	d.  Letter, dated 28 November 1989, from the U.S. District Court, Brooklyn, New York.

	e.  Letter, dated 6 May 1991, from the U.S. District Courthouse, Agent Orange Administration, Brooklyn, New York.

	f.  Surgical Pathology Report, dated 23 October 1989.

	g.  Request for and Consent to Release Medical Records, dated 23 October 1990.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show that he completed a DD Form 398 (Statement in Personal History), as part of his tentative enlistment in the Regular Army.  He indicated in Item 9 (Education) of this form, that he attended several civilian schools in Detroit, Michigan, from 1953 to 1964, but did not graduate.  

3.  The applicant's records further show that he enlisted in the Regular Army for a period of 3 years on 29 November 1965.  Item 24 (Civilian Education) of his DD Form 4 (Enlistment Record-Armed Forces of the United States) shows he completed 8 years of and graduated from grammar school.  Item 24 does not show the applicant graduated from High School or completed his GED.

4.  The applicant completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 91A (Medical Corpsman).   He was honorably discharged on 11 May 1967.  The highest rank/grade he attained during his military service was private first class (PFC)/E-3.

5.  Item 25 (Education and Training Completed) of the applicant's DD Form 214 shows the entry "Medical Corpsman, 10 weeks, 1966" and Item 30 (Remarks) of this form shows the applicant completed 8 years of general schooling.  Items 25 and 30 do not show he completed the GED.


6.  Item 32 (Civilian Education) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he completed 8 years of civilian education in 1960.  Item 32 does not show he completed the GED.

7.  The Civilian Education section of the applicant's U.S. Army Japan (USARJ) Form 809 (Individual Training Record) shows the applicant completed 8 years of civilian education.  This form does not indicate that the applicant completed his GED.

8.  The applicant's record is void of a certificate or any documentation that show he completed his GED.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  The regulation directed, in pertinent part, that the purpose of the separation document was to provide the individual with documentary evidence of their military service and that it was important that information entered on the form was complete and accurate.  Chapter 2 of Army Regulation 635-5 contained guidance on the preparation of the DD Form 214.  Item 25 showed service schools, including major courses successfully completed in civilian schools and colleges during the period covered by the DD Form 214.  This entry also included the highest civilian education level acquired during the period of military service, if appropriate.  Item 30 (Remarks) was used to complete entries too long for their respective blocks.  For enlisted personnel, Item 30 showed the highest civilian education level attained as the first entry in this block when not adequately covered in Item 25.  This information was taken from the DA Form 20.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record is void of any documentation that shows he completed his GED.  Furthermore, his DA Form 20, USARJ Form 809, and DD Form 214 all indicate he only completed 8 years of civilian education.  There is insufficient evidence in the applicant's records that shows he completed his GED during his military service.

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 did not submit evidence that would satisfy that requirement.  Therefore, there is insufficient evidence to grant him the requested relief in this case.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xxx___  __xxx___  __xxx___  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.



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 _   _______   ______________
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080006972



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ABCMR Record of Proceedings (cont)                                         AR20080006972



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