APPLICANT REQUESTS:  That his total active service be recomputed to include the time he served in an enlisted status while attending the U.S. Military Academy (USMA), West Point.

APPLICANT STATES:  That the Total Army Personnel Command (PERSCOM) has not counted his enlisted service due to their misinterpretation of laws and regulations which govern creditable service.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the Regular Army on 27 June 1972 as a cadet, attended the USMA, and was commissioned as a second lieutenant on 8 June 1977 with a concurrent order to active duty.

He was qualified in both the general armor and cavalry areas of concentration and was promoted to major.

On 31 July 1995 the applicant was discharged from active duty and was placed on the retired list the following day under the Voluntary Early Retirement Authority (VERA).  The DD Form 214 he was issued shows that he had a total of 19 years, 1 month and 28 days of active service and no inactive (reserve not on active duty) service.

In the processing of this case an advisory opinion (COPY ATTACHED) was obtained from the PERSCOM.  The PERSCOM stated that the statute cited by the applicant was never applied to his service calculation.  The Department of Defense Military Retired Pay Manual (DODMRPM) was applied, which states that time spent in any of the service academy’s is not creditable.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:

1.  The Board has considered many requests involving the interpretation of whether enlisted service in the USMA’s is creditable for officers.  The Board has consistently held that it is not.  The DODMRPM is based on title 10, U.S. Code, and clearly states that service in the USMA is not creditable for officers.

2.  In view of the foregoing, there is no basis for granting the applicant’s request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director