IN THE CASE OF:
BOARD DATE: 3 September 2013
DOCKET NUMBER: AR20130001519
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 his service as a cadet at the U.S. Military Academy from 28 June 1989 to 29 May 1993. He also requests correction of his DD Form 214 to show he completed Air Assault School during the period he was a cadet.
2. He states his time at USMA is accounted as active duty military service according to law. For civilian Federal service, this time applies to Federal Employees Retirement System (FERS) retirement and reduction in force (RIF) classification. Federal agencies require a DD Form 214 to show proof of military service. Although both the law and Office of Personnel Management (OPM) regulations support this, the error on the DD Form 214 has meant he has not received the corresponding credit. The year he attended Air Assault School is not accurately represented on his DD Form 214. He attended the school as a cadet, but his DD Form 214 shows he attended in 1993.
3. He provides his DD Form 214, a letter from USMA, and excerpts from Title 38 (Veterans Benefits), chapter 1, and Title 5 (Government Organization and Employees), Chapter 21.
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant graduated from the USMA and was commissioned in the Regular Army on 29 May 1993. He was released from active duty on 1 April 1996 after completion of 2 years, 10 months, and 3 days of active military service. His DD Form 214 issued for this period does not indicate any prior active service and it indicates he completed the Air Assault Course in 1993.
3. He provided a letter, dated 11 May 2012 from an Education Technician, Office of the Dean, USMA, West Point, NY who verifies he entered UMSA as a cadet on 28 June 1989 and graduated on 29 May 1993.
4. The Department of Defense Financial Management Regulation (DODFMR), volume 7A, chapter 1, paragraph 0101 prescribes service creditable for pay purposes. It states that service as a cadet at a military service academy is always creditable service for an enlisted member. Table 1-1 must be used to determine whether such service is creditable for commissioned and warrant officers. Table 1-1 states that when a member currently serving as an officer has had service as a cadet in any of the military academies to which he was appointed after 25 June 1956 and he held no concurrent enlisted and/or Reserve status or had an enlistment contract or period of obligated service that was not terminated, then the period involved was not creditable.
5. Currently and at the time, Title 10, U. S. Code, section 971(a) states that the period of service under an enlistment or period of obligated service while also performing service as a cadet may not be counted in computing, for any purpose, the length of service of an officer of an armed force. Currently and at the time, section 971(b) states that in computing length of service for any purpose, service as a cadet or midshipman may not be credited to any commissioned officer of the Army.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant entered USMA as a cadet on 28 June 1989 and graduated on 29 May 1993. He was commissioned in the Regular Army on 29 May 1993.
2. However, the law is clear and states that the period of service under an enlistment or period of obligated service while also performing service as a cadet may not be counted in computing, for any purpose, the length of service of an officer of an armed force.
3. Title 10, U. S. Code, section 971 states that in computing length of service for any purpose, service as a cadet or midshipman may not be credited to a commissioned officer of the Army or other service. Therefore, there is no basis for granting the applicant's request.
4. Although the applicant contends he attended Air Assault School while he was a cadet, his DD Form 214 shows he completed Air Assault School in 1993. His service record is void of evidence and he has not provided any evidence which shows he completed this training prior to 1993. If he in fact completed it while a cadet, it is erroneously listed on his DD Form 214.
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) AR20130001519
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130001519
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100022557
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). 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. Title 10, U.S. Code, section 971(b)(2), in effect at the time, stated that no commissioned officer of the...
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 | 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 | 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 | 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...
AF | BCMR | CY2006 | BC-2005-03318
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-03318 INDEX CODE: 110.01 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 1 MAY 2007 ___________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, dated 29 Feb 96, Block 12a, Date Entered Active Duty (AD) should reflect 25 Jun 79, rather than 1...
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 | 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...