| Mr. Carl W. S. Chun | Director | ||
| Ms. Nancy L. Amos | Analyst |
| Ms. Jennifer L. Prater | Chairperson | ||
| Mr. Hubert O. Fry, Jr. | Member | ||
| Ms. Gail J. Wire | Member |
APPLICANT REQUESTS: That his Certificate of Release or Discharge from Active Duty, DD Form 214, be amended to reflect his time as a cadet at the U. S. Military Academy.
APPLICANT STATES: That he needs his DD Form 214 amended for his federal employee records. He provides his U. S. Military Academy academic records and DD Form 214 as supporting evidence.
EVIDENCE OF RECORD: The applicant's military records show:
He entered the U. S. Military Academy in 1984. He graduated and was commissioned and he entered active duty on 25 May 1988. He was discharged upon completing his required active service on 30 June 1992 after completing 4 years, 1 month, and 6 days of net active service with no prior active service and no prior inactive service.
Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The version in effect at the time, dated 1 July 1981, paragraph 1.4a(3) stated that a DD Form 214 would be prepared for each cadet of the U. S. Military Academy who fails to graduate. Table 2-1, DD Form 214 Preparation Instructions, item 18h, stated that, when the separatee was a cadet, an entry would be made in item 18, Remarks, that “Item 12 includes service as a cadet, USMA, from (date from entrance in USMA to date of separation).” The current version, dated 15 September 2000, contains similar instructions, i.e., an entry will be made in item 18, Remarks, for a soldier who has cadet status, that “Block 12c includes service as a USMA cadet from (date) to (date). Service not creditable for any purpose in commissioned officer status.”
The Department of Defense Financial Management Regulation, chapter 01, states that service as a cadet or midshipman at a military service academy is always creditable service for an enlisted member. It is not creditable for a commissioned or warrant officer who held no concurrent enlisted and/or Reserve status.
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. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. There are no regulatory provisions (nor were there at the time the applicant separated), to indicate time spent in the U. S. Military Academy on the DD Form 214 for a graduate of the Academy.
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
___JLP__ __HOF__ __GJW__ DENY APPLICATION
| CASE ID | AR2002072637 | |
| SUFFIX | ||
| RECON | ||
| DATE BOARDED | 2002/07/23 | |
| TYPE OF DISCHARGE | ||
| DATE OF DISCHARGE | ||
| DISCHARGE AUTHORITY | ||
| DISCHARGE REASON | ||
| BOARD DECISION | DENY | |
| REVIEW AUTHORITY | ||
| ISSUES 1. | 100.00 | |
| 2. | ||
| 3. | ||
| 4. | ||
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| 6. |
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