RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 May 2008
DOCKET NUMBER: AR20070018359
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 that item 12d (Total Prior Active Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he completed 3 years, 10 months, and 30 days.
2. The applicant states that his Military Academy service time should be reflected in item 12d on his DD Form 214. He points out that item 7a (Place of Entry into Active Duty) on his DD Form 214 shows that he entered at West Point, New York; however, his time spent there is not recorded. He understands that this service does not count towards military service retirement but it should be reflected.
3. The applicant provides an academic transcript and a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. 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. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant provided an academic transcript which shows he entered the U.S. Military Academy at West Point, New York on 3 July 1972 and he graduated on 2 June 1976 with a Bachelor of Science degree. He was appointed a second lieutenant on 2 June 1976 and entered active duty. He served as an infantry officer and retired on 31 August 2001 in the rank of lieutenant colonel after completing over 25 years of active duty.
3. Item 12d on his DD Form 214 shows the entry, 0000 00 00.
4. 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. In pertinent part it states that the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
5. Army Regulation 635-5 also states, in pertinent part, that from previously issued DD Forms 214, enter the total amount of prior active military service less lost time, if any, in item 12d on the DD Form 214. If not applicable, enter 00 00 00.
6. Title 10, U. S. Code, section 971(a) states that the period of service under an enlistment or period of obligated service while also performing service as a cadet may not be counted in computing, for any purpose, the length of service of an officer of an armed force. Section 971(b) states that in computing length of service for any purpose, service as a cadet or midshipman may not be credited to any commissioned officer of the Army.
DISCUSSION AND CONCLUSIONS:
1. The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty. There is no evidence of record which shows the applicant served any active service prior to his entry on active duty as an officer on 2 June 1976. Item 7a is meant to indicate only that he entered active duty from West Point; however, that does not change the fact that his service as a cadet at West Point was not active duty.
2. In accordance with Title 10, U. S Code, section 971(b), service as a cadet may not be credited to any commissioned officer for any purpose. Therefore, there is insufficient evidence on which to amend item 12d on his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
XX_____ __XX____ __XX____ 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.
___ XX_____
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070018359
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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