IN THE CASE OF:
BOARD DATE: 19 May 2009
DOCKET NUMBER: AR20090001896
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that item 12c (Net Active Service This Period) and item 12d (Total Prior Active Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his service in the U.S. Military Academy (USMA) during the period 1 July 1990 to 28 May 1994.
2. The applicant states, in effect, that his DD Form 214 shows his total active service as 11 years, 10 months, and 18 days but this does not include his USMA service. He states that although item 18 (Remarks) of his DD Form 214 shows his service at the USMA, items 12c and 12d of his DD Form 214 do not reflect this service.
3. The applicant provides a copy of his DD Form 214 and his Officer Record Brief in support of his application.
CONSIDERATION OF EVIDENCE:
1. After graduating from the USMA at West Point, the applicant was commissioned as an Aviation branch officer in the Regular Army on 28 May 1994 and ordered to active duty. He was honorably discharged on 15 April 2006.
2. Item 12a (Date Entered AD [Active Duty] This Period) of the applicant's DD Form 214 shows the entry "1994 05 28" [28 May 1994]. Item 12b (Separation Date This Period) of his DD Form 214 shows the entry "2006 04 15" [15 April 2006]. Item 12c of his DD Form 214 shows the entry "0011 10 18" [11 years, 10 months, and 18 days]. Item 12d of his DD Form 214 shows the entry, "0000 00 00." Item 18 of his DD Form 214 shows, in pertinent part, the entry "BLOCK 12C INCLUDES SERVICE AS A USMA CADET FROM 19900701 TO 19940518. SERVICE NOT CREDITABLE FOR ANY PURPOSE IN COMMISSIONED OFFICER STATUS."
3. Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. The regulation states, in pertinent part, that the amount of service this period, computed by subtracting item 12a from 12b, will be entered in item 12c (lost time and non-creditable time after expiration term of service will be deducted).
4. Army Regulation 635-5 states that the total amount of prior active military service less lost time, if any, from previously issued DD Forms 214 will be entered in item 12d. If not applicable, enter "00 00 00."
5. Army Regulation 635-5 also states that for a Soldier who has cadet status, enter "BLOCK 12C INCLUDES SERVICE AS A USMA CADET FROM (date) to (date). SERVICE NOT CREDITABLE FOR ANY PURPOSE IN COMMISSIONED OFFICER STATUS" in item 18.
DISCUSSIONS AND CONCLUSIONS:
1. The applicant's contentions were carefully considered. However, the governing regulation states that cadet service is not creditable for any purpose in a commissioned officer status.
2. Item 12c of the applicant's DD Form 214 properly reflects that he completed 11 years, 10 months, and 18 days of active service. Item 12d of his DD Form 214 properly reflects that he did not have any prior active service.
3. The governing regulation states that for a Soldier who has cadet status, the entry "BLOCK 12C INCLUDES SERVICE AS A USMA CADET FROM (date) to (date). SERVICE NOT CREDITABLE FOR ANY PURPOSE IN COMMISSIONED OFFICER STATUS" will be entered in item 18 of the DD Form 214. Item 18 of the applicant's DD Form 214 shows the entry "BLOCK 12C INCLUDES SERVICE AS A USMA CADET FROM 19900701 TO 19940518. SERVICE NOT CREDITABLE FOR ANY PURPOSE IN COMMISSIONED OFFICER STATUS."
4. Based on the foregoing, there is no basis for granting the applicant's requests.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ___X____ ____X__ 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.
__________X_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20090001896
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ABCMR Record of Proceedings (cont) AR20090001896
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