RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 9 December 2004
DOCKET NUMBER: AR2004105103
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Mr. Robert J. McGowan | |Analyst |
The following members, a quorum, were present:
| |Mr. Melvin H. Meyer | |Chairperson |
| |Ms. Linda D. Simmons | |Member |
| |Mr. Michael J. Flynn | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his years of creditable active
Federal service be recalculated and his retired pay adjusted.
2. The applicant states that he was an enlisted Soldier who received an
appointment to the United States Military Academy (USMA). When he retired
from the Regular Army (RA) as a Colonel, he was credited with 26 years of
active Federal service, but his four years as a USMA cadet were not
counted. He believes that because of his former enlisted service, he is
entitled to count his USMA service toward a commissioned RA retirement.
3. The applicant provides a 3 March 2004 letter; a 16 June 2003 letter to
then Vice Chief of Staff of the Army, General John M. Keane; a copy of
paragraph 12-25, Army Regulation (AR) 600-200 (Enlisted Separations) that
states service as a USMA cadet is creditable for retirement purposes; and a
copy of paragraph 6-2, AR 600-8-24 (Officer Transfers and Discharges),
dealing with computation of service.
CONSIDERATION OF EVIDENCE:
1. The applicant served as an enlisted Soldier from 28 June 1965 through
30 June 1966 when he was appointed as a USMA cadet on 1 July 1966. He
graduated from the USMA and was appointed a Second Lieutenant, RA on 3 June
1970.
2. The applicant served as a commissioned officer in the RA until retired
for length of service on 30 June 1994. On 1 July 1994, he was recalled to
1 year, serving until 30 June 1995, when he was once again retired for
length of service.
3. The applicant's DA Form 7301-R (Officer Service Computation for
Retirement) credits him with 1 year and 3 days of enlisted service
(19650628-19660630) and 25 years and 28 days of commissioned service
(19700603-19950630). He is not credited with 4 years active service for
his time as a USMA cadet (19660701-19700602).
4. AR 635-200 sets policies, standards, and procedures to ensure the
readiness and competency of the force while providing for the orderly
administrative separation of enlisted Soldiers for a variety of reasons.
Chapter 12 (Retirement for Length of Service) sets policies and procedures
for voluntary retirement of
Soldiers because of length of service and governs the retirement of
Soldiers (Active Army, ARNGUS, and USAR) who are retiring in their enlisted
status. Paragraph 12-25 permits retiring enlisted Soldiers (emphasis
added) to count time spent as a USMA cadet.
5. AR 600-8-24 provides that, upon appointment in the RA, certain
commissioned officers (e.g., Medical Corps officers) are credited with
constructive service (e.g., for attendance and graduation from medical
school). This amount of service is used to determine the RA grade and
placement on the ADL and counts as mandatory retirement service for
commissioned officers on active duty before 15 September 1981. It does not
address USMA cadets.
6. The Department of Defense Financial Management Regulations, Volume 7B,
Part One (New Retirement Entitlements and Computations), Chapter 1 (Initial
Retirements – Entitlements) states, in Section 10102, that enlisted
Soldiers will receive credit for USMA attendance upon computing active
Federal service at retirement. Section 10103 does not afford the same
credit to officer Soldiers at retirement.
DISCUSSION AND CONCLUSIONS:
1. The applicant, as a retired Colonel, is not entitled to creditable
active Federal service for his time served as a USMA cadet. Had the
applicant undergone a reduction-in-force (RIF) and reverted to a career
enlisted status early during his commissioned service, he would have been
able to count his USMA time toward his enlisted retirement as provided by
regulations and Public Law.
2. The applicant's total creditable active Federal service of 26 years, 1
month, and 1 day is correct.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__mhm___ __lds___ __mjf___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable
error or injustice. Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.
Melvin H. Meyer
______________________
CHAIRPERSON
INDEX
|CASE ID |AR2004105103 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20041209 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |128.0000 |
|2. |136.0000 |
|3. | |
|4. | |
|5. | |
|6. | |
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