IN THE CASE OF:
BOARD DATE: 13 September 2012
DOCKET NUMBER: AR20120005148
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he attended the U.S. Military Academy (USMA).
2. He states his service and attendance at the USMA is not shown on his DD Form 214, and it should at least be shown in the remarks section along with the time period. He attended the USMA from August 1992 to June 1996. He states USMA attendance is shown in the remarks section on many of his peers' DD Forms 214.
3. He provides his DD Form 214 and his USMA Academic Transcript.
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. On 1 June 1996, the applicant took the oath of office as a commissioned officer in the Regular Army (RA) at West Point, NY.
3. On 30 September 2002, he was honorably discharged from the RA. Item 12a (Date Entered [Active Duty] This Period) of his DD Form 214 shows he entered active duty on 1 June 1996, and item 12c (Net Active Service This Period) shows 6 years and 4 months. The DD Form 214 does not include an entry in item 18 (Remarks) showing he attended the USMA.
4. He provides his USMA Academic Transcript, which shows he entered the USMA on 29 June 1992 and graduated on 1 June 1996.
5. Army Regulation 635-5 (Separation Documents) 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. It states for item 18, for a Soldier who has cadet status, enter BLOCK 12C [Net Active Service This Period] INCLUDES SERVICE AS A USMA CADET FROM (date) TO (date). SERVICE NOT CREDITABLE FOR ANY PURPOSE IN COMMISSIONED OFFICER STATUS.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record does not support the applicant's request for correction of his DD Form 214 to show he attended the USMA.
2. He graduated from the USMA on 1 June 1996 and entered active duty in the RA the same day. Six years and 4 months later, he was discharged from the RA. Because he was not a cadet when he was discharged, there was no authority for entering his service as a USMA cadet in item 18.
3. 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.
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) AR20120005148
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120005148
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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 | 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 | 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 | CY2001 | 2001062246C070421
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. The applicant’s military records show he was enrolled in the ROTC/SMP from 15 September 1986 to 13 May 1988, and served in the US Army Reserve (USAR) not on active duty from 14 May to 2 June 1988. Item 18 (Remarks) of the applicant’s DD Form 214 shows the entry “Block 12c includes service as a USMA Cadet from...
ARMY | BCMR | CY2002 | 2002072637C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his Certificate of Release or Discharge from Active Duty, DD Form 214, be amended to reflect his time as a cadet at the U. S. Military Academy. The version in effect at the time, dated 1 July 1981, paragraph 1.4a(3) stated that a DD Form 214 would be prepared for each cadet of the U. S. Military Academy who fails to graduate.
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 | 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.
ARMY | BCMR | CY2011 | 20110019872
The available records show the applicant served on active duty in an enlisted status and attended the USMA Preparatory School from 14 July 2006 through 1 July 2007 and he was issued a DD Form 214 that captured this period of active duty. He again entered active duty as a cadet at the USMA on 2 July 2007 and he was honorably discharged from active duty by reason of unqualified resignation on 28 August 2008. The applicant's DD Form 214 correctly reflects his record of service and contains no...
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...
ARMY | BCMR | CY2015 | 20150006894
Item 13 does not show award of the AGCM. Army Regulation 600-8-22 (Military Awards) states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. Therefore, the applicant's 8 months and 2 days of active enlisted service is not considered to be a qualifying period of service for award of the AGCM.