IN THE CASE OF:
BOARD DATE: 1 February 2011
DOCKET NUMBER: AR20100017531
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 correction of the following items on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:
* in item 12a (Date Entered Active Duty (AD) This Period) 19830525 instead of 19790702
* in item 15a (Commissioned Through Service Academy) an "X" in the YES box instead of in the NO box
* in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) award of the Defense Superior Service Medal (DSSM)
* in item 19a (Mailing Address After Separation) 7--- M--- L--- Trail, Columbia, MD 21044 (his current mailing address) instead of that currently shown on his DD Form 214
2. The applicant states he graduated from the United States Military Academy (USMA) on 25 May 1983 and was commissioned as a second lieutenant in the U.S. Army Signal Corps. He adds that he entered USMA on 2 July 1979, but his service for retirement purposes did not begin until 25 May 1983. He states he is requesting this change so that he may be eligible for credit for his USMA service as a civilian government employee.
3. The applicant provides his DD Form 214, Department of Defense Washington Headquarters Services Military Personnel Awards Order Number 10-014 with certificate, and USMA transcript.
CONSIDERATION OF EVIDENCE:
1. The applicant's USMA transcript shows he entered USMA on 2 July 1979 and graduated on 25 May 1983.
2. The applicant's records show he executed his oath of office for commissioning as a second lieutenant in the Regular Army Signal Corps on 25 May 1983 at West Point, New York.
3. Department of Defense Washington Headquarters Services Military Personnel Awards Order Number 10-014, dated 29 January 2010, awarded him the DSSM.
4. His DD Form 214 shows he retired on 30 April 2010. He completed 26 years, 11 months, and 6 days of creditable active service.
5. In the processing of this case an Army Board for Correction of Military Records staff member contacted the proponent of Army Regulation 635-5 (Separation Documents). The proponent stated cadet time at the USMA is not creditable service in a commissioned officer status.
6. Item 12c (Net Active Service this Period) of his DD Form 214 does not include his USMA time even though 12a shows the date he entered USMA.
7. Item 13 of his DD Form 214 does not show the DSSM.
8. Item 15a (Commissioned through Service Academy) of his DD Form 214 contains an "X" in the NO box.
9. Item 19a of his DD Form 214 contains the entry "4--- B--- Street, Fort George G. Meade Maryland 20755." Item 21 (Signature of Member Being Separated) of this form shows he certified the entries on this document were correct with his signature.
10. Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty service. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge. This regulation states for:
* item 12a enter the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued
* item 13 of the DD Form 214 each entry will be verified by the Soldiers records
* item 19a of the DD Form 214 the entry will be provided by the Soldier
DISCUSSION AND CONCLUSIONS:
1. The applicant's records show he executed his oath of office for commissioning as a second lieutenant in the Regular Army Signal Corps on 25 May 1983 at West Point, New York. As such, he is entitled to have his DD Form 214 corrected as follows:
* delete the entry in item 12a and add 19830523
* delete the entry in the NO box of item 15a and add an "X" in the YES box
2. Department of Defense Orders awarded him the DSSM. Therefore, he is entitled to correction of his DD Form 214 to show this award.
3. Regulatory policy prescribes that the Soldier will provide the mailing address after separation for entry in item 19a of their DD Form 214. He certified the DD Form 214 containing the entry of 4--- B--- Street, Fort George G. Meade Maryland 20755 was correct with his signature.
4. The ABCMR starts its consideration with a presumption of regularity, that what the Army did was correct. The burden of proving otherwise is the responsibility of the applicant. It is presumed the entry shown in item 19a of his DD Form 214 was administratively correct at the time the form was completed. As such, there is no basis for changing the entry in item 19a of his DD Form 214.
5. In view of the foregoing, the applicant is entitled to have his records corrected as shown below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ____X___ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends the DD Form 214 of the individual concerned be corrected by:
a. deleting the entry in item 12a and adding "19830525";
b. adding to item 13 the DSSM; and
c. deleting the entry in item 15a and adding an "X" in the YES box.
2. The Board further determined the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the entry in item 19a of his DD Form 214.
__________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) AR20100017531
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100017531
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120003004
The applicant provides his: * DD Form 214 * U.S. Military Academy Academic Transcript, prepared on 14 June 1983 * Officer Record Brief (ORB), dated 20 May 2011 CONSIDERATION OF EVIDENCE: 1. Line 15a of his DD Form 214 has an X in the "NO" block. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing item 15a of his DD Form 214 by: * deleting the X in the "NO" block * entering an X in the "YES"...
ARMY | BCMR | CY2010 | 20100000688
The applicant contends that his request should be reconsidered in that his service at the USMA was active duty service authorized for inclusion in item 12c of his DD Form 214 because the U.S. Code states that the RA consists of persons whose continuous service on active duty in both peace and war includes cadets of the USMA. The evidence of record shows that: a. the U.S. Code provides that service as a cadet or midshipman may not be credited to any commissioned officer of the Army; b. the...
ARMY | BCMR | CY2009 | 20090001896
IN THE CASE OF: BOARD DATE: 19 May 2009 DOCKET NUMBER: AR20090001896 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant provides a copy of his DD Form 214 and his Officer Record Brief in support of his application. SERVICE NOT CREDITABLE FOR ANY PURPOSE IN COMMISSIONED OFFICER STATUS" will be entered in item 18 of the DD Form 214.
ARMY | BCMR | CY2014 | 20140008113
The applicant provides: * U.S. Military Academy Form 3-239-R (Academic Transcript), dated 3 June 1987 * DD Form 214 (Member Copy) for the period ending 6 January 1989 * Standard Form 50-B, dated 9 January 2005 * National Personnel Records Center correspondence, dated 3 September 2007 * Department of Veterans Affairs correspondence, dated 28 February 2014 CONSIDERATION OF EVIDENCE: 1. Army Regulation 635-120, in effect at the time, prescribed procedures whereby an officer on active duty...
ARMY | BCMR | CY2010 | 20100029673
The applicant requests item 12a (Date Entered AD [Active Duty] This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 25 September 1980 be corrected. Evidence shows he entered active duty on 1 July 1970, which is properly reflected on his DD Form 214 for the period ending 30 June 1972. Evidence shows he entered active duty on 4 June 1975 as a commissioned officer and was honorably discharged on 25 September 1980.
ARMY | BCMR | CY2014 | 20140001012
Her DD Form 214 shows in: * Item 12a (Date Entered Active Duty This Period) - 2000-05-27 * Item 12b (Separation date This Period) - 2004-11-29 * Item 12c (Net Active Service This Period) - 0008-04-29 * Item 18 (Remarks) Block 12c includes service as a USMA cadet from 19970701 to 20000526 5. 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." As a result, the...
ARMY | BCMR | CY2002 | 2002075732C070403
By letter dated 8 April 1983, the Superintendent informed the applicant that, as a result of a hearing by an IO on 17 January 1983, he was found deficient in conduct for receiving 160 demerits for the period 1 June 1982 through 30 November 1982. The Board notes that the applicant's Officer Record Brief shows his BASD as 13 July 1983. The Board cannot determine from the available records if this is his correct PEBD (the evidence of record shows he was assigned to the USAR effective 22 July...
ARMY | BCMR | CY2012 | 20120005148
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he attended the U.S. Military Academy (USMA). The evidence of record does not support the applicant's request for correction of his DD Form 214 to show he attended the USMA. In the absence of evidence showing his service as a USMA cadet was improperly omitted from his DD Form 214, there is no basis for granting the requested relief.
ARMY | BCMR | CY2006 | 20060001489C070205
The evidence of record shows the applicant enlisted in the U.S. Army Reserve under the DEP on 16 May 1981 and was discharged on 8 September 1981, which is a period of 3 months and 23 days. Although there is no evidence of record which shows the applicant was issued a DD Form 214 for his period of active duty service from 9 September 1981 to 30 June 1983, he should have been issued one. As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by: a....
ARMY | BCMR | CY2011 | 20110004289
As new issues, he requests an adjustment of his discharge date from 6 May to 27 October 2010 and correction of the following items on his DD Form 214 (Certificate of Release or Discharge from Active Duty) by showing in: * item 11 (Primary Specialty) he served as a 31A (Military Police (MP)) 5 years and 5 months vice 5 years and 3 months * item 12a (Date Entered on Active Duty) 7 June 2007 instead of 11 June 2007 * item 12b (Separation Date This Period) "27 October 2010" instead of "6...