MEMORANDUM OF CONSIDERATION   

	IN THE CASE OF:     

	BOARD DATE:           4 February 2003                 
	DOCKET NUMBER:   AR2002078008

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Ronald J. Weaver		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that his total service for percentage purposes be recomputed to include the time he concurrently served in an enlisted status while attending the U.S. Military Academy (USMA), at West Point.

APPLICANT STATES:  In effect, that the Total Army Personnel Command (PERSCOM) has not counted his 2 years of active enlisted service while a cadet at the USMA.

In support of his request he provides a copy Department of Defense Financial Management Regulation (DODFMR), Volume 7B, Chapter 1, Table 1-5.  The title of Table 1-5 is:  Service as Cadet or Midshipman-Officers-For Basic Pay Purposes.  He also provides a copy of a letter from US Army Combined Arms Center and Fort Leavenworth, Acting Adjutant General.  The letter informs the applicant per his request a recomputation of his time was done.  In accordance with the DODFMR, Volume 7B, Chapter 1, Table 1-5 service as a cadet or midshipman is creditable for basic pay purposes if you concurrently held an enlisted status in the Army on or after January 1, 1953.  The applicant was given credit for active duty up to the day before he entered West Point as a cadet.  Other creditable service was added to the applicant’s record as basic pay.

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

He enlisted in the Regular Army on 22 June 1977, served as a cadet from 6 July 1978 through 25 May 1982, and was commissioned as a second lieutenant on 26 May 1982 with a concurrent order to active duty.  The applicant was discharged from active duty on 31 January 2002 for retirement.

A Service Computation For Retirement document indicates that he was credited with 1 year, 0 months and 0 days of active enlisted service and 24 years, 7 months and 9 days for total service for basic pay.

DODFMR, Volume 7B, Chapter 1, paragraph 010203 contains a list of service that is not creditable for retirement purposes.  Included in the list of service not creditable is service as a cadet at the USMA under an appointment accepted after 25 June 1956. (Table 1-5).

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

1.  The Board has considered many requests involving the interpretation of whether enlisted service in the USMA is creditable for officers.  The Board has consistently held that it is not.  The DODFMR Volume 7B instructs that service in the USMA is not creditable for officers, however those with concurrent enlisted service will receive credit for basic pay purposes.

2.  The Table 1-5 cited by the applicant pertains to creditable service, as it relates to basic pay – not retirement.  This is reflective in that the applicant was credited with over 24 years of service for pay.

3.  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

___mhm_  ___rjw  __  ___clg __  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002078008	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020204	
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         1.112.07		
2.		
3.		
4.		
5.		
6.