BOARD DATE: 4 January 2013
DOCKET NUMBER: AR20120011539
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 his United States Military Academy (USMA) time be reflected on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states USMA service time is relevant to service in the military and is reflected on other DD Forms 214.
3. The applicant provides USMA transcripts in support of his request.
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 record shows the applicant was appointed a second lieutenant in the Regular Army upon completion of the USMA and entered active duty in that status on 1 June 1991. He was promoted to first lieutenant on 1 June 1993, and served until being honorably discharged on 30 November 1993 and accepted appointment in the U.S. Army Reserve (USAR).
3. The DD Form 214 issued to the applicant upon his discharge on
30 November 1993 shows he completed 2 years and 6 months of active military service during the period. It also shows he completed 2 years, 1 month, and 23 days of prior inactive military service. Item 7 (Place of Entry into Active Duty) contains an entry indicating he entered military service from the USMA, West Point, NY. There is no other reference to USMA service on the DD Form 214.
4. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The instructions for item 18 (Remarks) only provide for an entry regarding USMA service if the member is in a cadet status. There are no provisions for entries for USMA graduates who are no longer in a cadet status.
DISCUSSION AND CONCLUSIONS:
The applicants request to reflect his USMA service on his DD Form 214 has been carefully considered. However, there are no regulatory provisions allowing for reflecting USMA service for members who are no longer in a cadet status. As a result, there is an insufficient evidentiary basis to support granting the requested relief. The applicant needs only to produce his transcript or diploma if there is a need to prove/verify his USMA service.
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) AR20120011539
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ABCMR Record of Proceedings (cont) AR20120011539
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