| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Mr. Arthur A. Omartian | Chairperson | ||
| Mr. Hubert O. Fry | Member | ||
| Ms. Mae M. Bullock | Member |
APPLICANT REQUESTS: In effect, that a statement be placed in Item 18 (Remarks) of his separation document (DD Form 214) that reflects the time he served as a cadet at the United States Military Academy (USMA) from 1 July 1983 through 27 May 1987.
APPLICANT STATES: In effect, that he understands that his time served as a cadet at the USMA does not affect the service dates entered in Item 12 (Record of Service) of his DD Form 214 and does not count as creditable service as an officer. However, he claims that he is now serving as a civilian employee of the Army and based on guidance form the Office of Personnel Management (OPM), he can receive service credit for time served as a cadet if it is listed on his
DD Form 214. In support of his application, he submits a copy of his DD Form 214, Oath of Allegiance, and Oath of Office (DA Form 71).
EVIDENCE OF RECORD: The applicant's military records show:
He entered the USMA at West Point, New York on 1 July 1983 and graduated on 27 May 1987. He was commissioned a second lieutenant in the Regular Army and entered active duty in that status on 27 May 1987. On 1 October 1991, he was promoted to the rank and pay grade of captain/0-3 (CPT/0-3) and he continued to service on active duty until he was honorably discharged on
29 August 1993.
The DD Form 214 issued to the applicant on the date of his separation confirms that he was separated under the provisions of Army Regulation 635-120, chapter 3, by reason of unqualified resignation. This document also confirms that on the date of his separation, 29 August 1993, he had completed a total of 6 years,
3 months, and 3 days of active military service as a commissioned officer.
Army Regulation 635-5 prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing the DD Form 214. Paragraph 2-4 contains item by item instructions for completing the DD Form 214. The instructions for Item 18 indicate that entries required by Headquarters Department of the Army (HQDA) for which a separate item is not available on the DD Form 214 will be included in this item. Service as a graduating cadet of the USMA is not listed as a required HQDA entry.
The Department of Defense Military Pay and Allowances Entitlements Manual, chapter 1, in effect at the time, lists all categories of creditable service, active or inactive service, for officers and enlisted personnel. Service as a graduating cadet of the USMA is not listed as creditable service.
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 notes the applicant’s request that an entry documenting his time as a cadet at the USMA be placed in Item 18 of his DD Form 214 in order for him to receive service credit for this time in connection with his civilian employment with the Army from the OPM. However, it finds an insufficient evidentiary basis to support this requested relief.
2. Time spent at the USMA as a cadet is not creditable active duty service or service for pay and it is not included in the list of required HQDA entries. Thus, the Board finds no regulatory basis for including the requested entry in the
DD Form 214 at this time.
3. In the opinion of the Board, if OPM credits time at the USMA as service for civilian employment purposes, the applicant should be able to provide confirmation attendance and graduation documents from the USMA that serve this purpose. The DD Form 214 is primarily used to verify creditable military service and given the applicant’s time at the USMA is not creditable service, the Board finds it would not be appropriate to include it in the DD Form 214 at this time.
4. 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.
5. 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
_ _MB___ ___HOF__ ___AO__ DENY APPLICATION
| CASE ID | AR2003089082 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2003/10/16 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 1993/08/29 |
| DISCHARGE AUTHORITY | AR635-120 . Chapter 3 |
| DISCHARGE REASON | Unqualified Resignation |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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