IN THE CASE OF: BOARD DATE: 1 February 2011 DOCKET NUMBER: AR20100017531 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 the following items on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * in item 12a (Date Entered Active Duty (AD) This Period) 19830525 instead of 19790702 * in item 15a (Commissioned Through Service Academy) an "X" in the YES box instead of in the NO box * in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) award of the Defense Superior Service Medal (DSSM) * in item 19a (Mailing Address After Separation) 7--- M--- L--- Trail, Columbia, MD 21044 (his current mailing address) instead of that currently shown on his DD Form 214 2. The applicant states he graduated from the United States Military Academy (USMA) on 25 May 1983 and was commissioned as a second lieutenant in the U.S. Army Signal Corps. He adds that he entered USMA on 2 July 1979, but his service for retirement purposes did not begin until 25 May 1983. He states he is requesting this change so that he may be eligible for credit for his USMA service as a civilian government employee. 3. The applicant provides his DD Form 214, Department of Defense Washington Headquarters Services Military Personnel Awards Order Number 10-014 with certificate, and USMA transcript. CONSIDERATION OF EVIDENCE: 1. The applicant's USMA transcript shows he entered USMA on 2 July 1979 and graduated on 25 May 1983. 2. The applicant's records show he executed his oath of office for commissioning as a second lieutenant in the Regular Army Signal Corps on 25 May 1983 at West Point, New York. 3. Department of Defense Washington Headquarters Services Military Personnel Awards Order Number 10-014, dated 29 January 2010, awarded him the DSSM. 4. His DD Form 214 shows he retired on 30 April 2010. He completed 26 years, 11 months, and 6 days of creditable active service. 5. In the processing of this case an Army Board for Correction of Military Records staff member contacted the proponent of Army Regulation 635-5 (Separation Documents). The proponent stated cadet time at the USMA is not creditable service in a commissioned officer status. 6. Item 12c (Net Active Service this Period) of his DD Form 214 does not include his USMA time even though 12a shows the date he entered USMA. 7. Item 13 of his DD Form 214 does not show the DSSM. 8. Item 15a (Commissioned through Service Academy) of his DD Form 214 contains an "X" in the NO box. 9. Item 19a of his DD Form 214 contains the entry "4--- B--- Street, Fort George G. Meade Maryland 20755." Item 21 (Signature of Member Being Separated) of this form shows he certified the entries on this document were correct with his signature. 10. Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty service. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge. This regulation states for: * item 12a enter the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued * item 13 of the DD Form 214 each entry will be verified by the Soldier’s records * item 19a of the DD Form 214 the entry will be provided by the Soldier DISCUSSION AND CONCLUSIONS: 1. The applicant's records show he executed his oath of office for commissioning as a second lieutenant in the Regular Army Signal Corps on 25 May 1983 at West Point, New York. As such, he is entitled to have his DD Form 214 corrected as follows: * delete the entry in item 12a and add 19830523 * delete the entry in the NO box of item 15a and add an "X" in the YES box 2. Department of Defense Orders awarded him the DSSM. Therefore, he is entitled to correction of his DD Form 214 to show this award. 3. Regulatory policy prescribes that the Soldier will provide the mailing address after separation for entry in item 19a of their DD Form 214. He certified the DD Form 214 containing the entry of 4--- B--- Street, Fort George G. Meade Maryland 20755 was correct with his signature. 4. The ABCMR starts its consideration with a presumption of regularity, that what the Army did was correct. The burden of proving otherwise is the responsibility of the applicant. It is presumed the entry shown in item 19a of his DD Form 214 was administratively correct at the time the form was completed. As such, there is no basis for changing the entry in item 19a of his DD Form 214. 5. In view of the foregoing, the applicant is entitled to have his records corrected as shown below. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___X____ ____X___ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends the DD Form 214 of the individual concerned be corrected by: a. deleting the entry in item 12a and adding "19830525"; b. adding to item 13 the DSSM; and c. deleting the entry in item 15a and adding an "X" in the YES box. 2. The Board further determined the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the entry in item 19a of his DD Form 214. __________X______________ 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) AR20100017531 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100017531 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1