BOARD DATE: 8 March 2011 DOCKET NUMBER: AR20100022557 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 that the length of service her deceased husband, a former service member (FSM), be recalculated to include the time he spent as a cadet at the U.S. Military Academy (USMA). 2. The applicant states her late husband was a cadet at the USMA from 1952 to 1956, but this service was omitted upon computation of his service for pay. 3. The applicant provides: * letter from the USMA * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * FSM's death certificate CONSIDERATION OF EVIDENCE: 1. The FSM's records show he was born on 6 November 1932. 2. His records show he attended the USMA as a cadet from 1 July 1952 and graduated with a Bachelor of Military Science Degree on or about 5 June 1956. 3. He was appointed as an infantry second lieutenant in the Regular Army and executed an oath of office on 1 June 1956. He served in staff or leadership positions and attained the rank of captain (CPT) on 1 June 1963. 4. On 14 January 1966, his records were considered by a physical evaluation board (PEB) that determined he was unfit for military service. The PEB assigned him a 10-percent disability rating and recommended his discharge from the Army by reason of physical disability of less than 30 percent with entitlement to severance pay. 5. He was honorably discharged in the rank of CPT on 2 March 1966 by reason of physical disability with entitlement to severance pay. His DD Form 214 shows he completed 9 years, 9 months, and 2 days of total active service. Item 32 (Remarks) of this form shows he was a USMA cadet for 4 years from 1952 to 1956. 6. He died on 10 August 2010. Prior to his death, he obtained a statement from the USMA, dated 25 March 2010, certifying his attendance as a cadet at the USMA from 1 July 1952 to 5 June 1956. 7. Title 10, U.S. Code, section 971 (Service Credit), states that in computing length of service for any purpose, officers may not count service performed while serving as a cadet or midshipman. In this section, the term "service as a cadet or midshipman" means service as a cadet at the USMA, U.S. Air Force Academy, or U.S. Coast Guard Academy; or service as a midshipman at the U.S. Naval Academy. 8. Title 10, U.S. Code, section 971(b)(2), in effect at the time, stated that no commissioned officer of the Army could be credited with service as a cadet at the USMA if he was appointed as a cadet after 24 August 1912. DISCUSSION AND CONCLUSIONS: By law, when computing length of service for any purpose, no commissioned officer of the Army may be credited with service as a midshipman at the U.S. Naval Academy or as a cadet at the USMA, U.S. Air Force Academy, or U.S. Coast Guard Academy. Therefore, he is not entitled to any additional service credit. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ __x______ ____x____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _________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) AR20100022557 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100022557 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1