BOARD DATE: 8 March 2011
DOCKET NUMBER: AR20100022557
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 the length of service her deceased husband, a former service member (FSM), be recalculated to include the time he spent as a cadet at the U.S. Military Academy (USMA).
2. The applicant states her late husband was a cadet at the USMA from 1952 to 1956, but this service was omitted upon computation of his service for pay.
3. The applicant provides:
* letter from the USMA
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* FSM's death certificate
CONSIDERATION OF EVIDENCE:
1. The FSM's records show he was born on 6 November 1932.
2. His records show he attended the USMA as a cadet from 1 July 1952 and graduated with a Bachelor of Military Science Degree on or about 5 June 1956.
3. He was appointed as an infantry second lieutenant in the Regular Army and executed an oath of office on 1 June 1956. He served in staff or leadership positions and attained the rank of captain (CPT) on 1 June 1963.
4. On 14 January 1966, his records were considered by a physical evaluation board (PEB) that determined he was unfit for military service. The PEB assigned him a 10-percent disability rating and recommended his discharge from the Army by reason of physical disability of less than 30 percent with entitlement to severance pay.
5. He was honorably discharged in the rank of CPT on 2 March 1966 by reason of physical disability with entitlement to severance pay. His DD Form 214 shows he completed 9 years, 9 months, and 2 days of total active service. Item 32 (Remarks) of this form shows he was a USMA cadet for 4 years from 1952 to 1956.
6. He died on 10 August 2010. Prior to his death, he obtained a statement from the USMA, dated 25 March 2010, certifying his attendance as a cadet at the USMA from 1 July 1952 to 5 June 1956.
7. Title 10, U.S. Code, section 971 (Service Credit), states that in computing length of service for any purpose, officers may not count service performed while serving as a cadet or midshipman. In this section, the term "service as a cadet or midshipman" means service as a cadet at the USMA, U.S. Air Force Academy, or U.S. Coast Guard Academy; or service as a midshipman at the U.S. Naval Academy.
8. Title 10, U.S. Code, section 971(b)(2), in effect at the time, stated that no commissioned officer of the Army could be credited with service as a cadet at the USMA if he was appointed as a cadet after 24 August 1912.
DISCUSSION AND CONCLUSIONS:
By law, when computing length of service for any purpose, no commissioned officer of the Army may be credited with service as a midshipman at the U.S. Naval Academy or as a cadet at the USMA, U.S. Air Force Academy, or U.S. Coast Guard Academy. Therefore, he is not entitled to any additional service credit.
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 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) AR20100022557
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100022557
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2002 | 2002071761C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Further, that service as a cadet at the USMA under an appointment accepted after 25 June 1956 is not creditable service. Therefore, the Board finds the 3 rd and 4 th year of the applicant’s service as a cadet at the USMA cannot be legally credited as time in service.
ARMY | BCMR | CY2005 | 20050001028C070206
The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 28 June 1969; his DA Form 71 (Oath of Office Military Personnel); a DAPC-PS Form 143 (Computation of Officer's Service); a DA Form 4187 (Personnel Action) dated 13 September 1999; an enlistment contract dated 29 June 1966; his DA Form 20 (Enlisted Qualification Record); his DA Form 66 (Officer Qualification Record); a DA Form 7301-R (Officer Service Computation...
ARMY | BCMR | CY2005 | 20050001028C070206
The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 28 June 1969; his DA Form 71 (Oath of Office – Military Personnel); a DAPC-PS Form 143 (Computation of Officer's Service); a DA Form 4187 (Personnel Action) dated 13 September 1999; an enlistment contract dated 29 June 1966; his DA Form 20 (Enlisted Qualification Record); his DA Form 66 (Officer Qualification Record); a DA Form 7301-R (Officer Service Computation...
ARMY | BCMR | CY2014 | 20140019479
The applicant requests her time spent at the United States Military Academy (USMA) be added to her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 16 October 2001. The applicant provides: * DD Form 214 * transcripts from the USMA CONSIDERATION OF EVIDENCE: 1. Army Regulation 635-5 provides for entries on the DD Form 214 for a Soldier who is released in a cadet status prior to graduating from the USMA.
CG | BCMR | Other Cases | 2010-197
A DD 214 shows that he had 2 years, 1 month, and 17 days of total active service, with a note that the service “includes midshipman service from 30 Jun 69 to 16 Aug 71.” Subsequently, on June 20, 1974, the applicant was discharged from his enlisted status to accept a Naval Reserve commission. However, the alleged error should have been discovered when he received his April 24, 1998 retirement points statement because it shows that he was not given credit for his time at the Naval Academy. ...
ARMY | BCMR | CY2013 | 20130001519
He also requests correction of his DD Form 214 to show he completed Air Assault School during the period he was a cadet. 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. The evidence of record shows the applicant entered USMA as a cadet on 28 June 1989 and graduated on 29 May 1993.
ARMY | BCMR | CY2005 | 20050006417C070206
The applicant requests that his time in service for pay and retirement purposes be recalculated to include the time he spent as a cadet at the U. S. Military Academy (USMA). It states service as a cadet at a military service academy is always creditable service for an enlisted member. If the circumstances in those "precedent" cases had been similar to the applicant's (i.e., enlisted persons who attended the USMA during their initial enlistment, graduated from the USMA, served only...
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 | 20090009180
The applicant provides a copy of his DD Form 214; pages from 38 USC (Title 38, U.S. Code which outlines the role of Veterans Benefits in the United States Code) Section 101; and 38 CFR (Code of Federal Regulation - Veterans) Section 3.6 defining active duty for service academy cadets. 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. Therefore, the Board...
ARMY | BCMR | CY2006 | 20060000558
The applicant requests that his records be corrected and he receive service credit and retirement points for his period of service as a cadet at the United States Military Academy (USMA). A 13 December 1985 DA Form 1506 (Statement of Service - For Computation of Length of Service for Pay Purposes) indicates the applicant had 13 days credit for service under DEP; 1 year, 5 months, and 7 days active duty enlisted service; 3 years, 10 months, and 21 days as an USMA cadet; and that he had been...