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 academys 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 USMAs 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 applicants 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
ARMY | BCMR | CY2002 | 2002071761C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Further, that service as a cadet at the USMA under an appointment accepted after 25 June 1956 is not creditable service. Therefore, the Board finds the 3 rd and 4 th year of the applicant’s service as a cadet at the USMA cannot be legally credited as time in service.
ARMY | BCMR | CY2002 | 2002078008C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. 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. Other creditable service was added to the applicant’s record as basic pay.
ARMY | BCMR | CY2010 | 20100000688
The applicant contends that his request should be reconsidered in that his service at the USMA was active duty service authorized for inclusion in item 12c of his DD Form 214 because the U.S. Code states that the RA consists of persons whose continuous service on active duty in both peace and war includes cadets of the USMA. The evidence of record shows that: a. the U.S. Code provides that service as a cadet or midshipman may not be credited to any commissioned officer of the Army; b. the...
ARMY | BCMR | CY2002 | 2002075601C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. 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: The previous Board case cited by the applicant as precedent for granting his request was an error by the Board and cannot be applied to the applicant's case.
ARMY | BCMR | CY2009 | 20090009180
The applicant provides a copy of his DD Form 214; pages from 38 USC (Title 38, U.S. Code which outlines the role of Veterans Benefits in the United States Code) Section 101; and 38 CFR (Code of Federal Regulation - Veterans) Section 3.6 defining active duty for service academy cadets. 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. Therefore, the Board...
ARMY | BCMR | CY2013 | 20130001519
He also requests correction of his DD Form 214 to show he completed Air Assault School during the period he was a cadet. 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. The evidence of record shows the applicant entered USMA as a cadet on 28 June 1989 and graduated on 29 May 1993.
ARMY | BCMR | CY2005 | 20050006417C070206
The applicant requests that his time in service for pay and retirement purposes be recalculated to include the time he spent as a cadet at the U. S. Military Academy (USMA). It states service as a cadet at a military service academy is always creditable service for an enlisted member. If the circumstances in those "precedent" cases had been similar to the applicant's (i.e., enlisted persons who attended the USMA during their initial enlistment, graduated from the USMA, served only...
ARMY | BCMR | CY2006 | 20060000558
The applicant requests that his records be corrected and he receive service credit and retirement points for his period of service as a cadet at the United States Military Academy (USMA). A 13 December 1985 DA Form 1506 (Statement of Service - For Computation of Length of Service for Pay Purposes) indicates the applicant had 13 days credit for service under DEP; 1 year, 5 months, and 7 days active duty enlisted service; 3 years, 10 months, and 21 days as an USMA cadet; and that he had been...
ARMY | BCMR | CY2015 | 20150006894
Item 13 does not show award of the AGCM. Army Regulation 600-8-22 (Military Awards) states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. Therefore, the applicant's 8 months and 2 days of active enlisted service is not considered to be a qualifying period of service for award of the AGCM.
ARMY | BCMR | CY2010 | 20100022557
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). 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. Title 10, U.S. Code, section 971(b)(2), in effect at the time, stated that no commissioned officer of the...