IN THE CASE OF:
BOARD DATE: 28 January 2014
DOCKET NUMBER: AR20140001012
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the dates she attended the U.S. Military Academy (USMA) as July 1996 vice July 1997 through May 2000. In an amendment to her application, she requested that her net active service on her DD Form 214 be corrected and that the entry pertaining to her USMA service be deleted.
2. The applicant states she was a USMA cadet from 1996 to 2000.
3. The applicant provides her USMA transcripts and DD Form 214.
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's USMA transcripts show she entered USMA on 1 July 1996 and she graduated with a Bachelor of Science degree on 27 May 2000. She completed 3 years, 10 months, and 25 days of service as a cadet.
3. She was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 27 May 2000 and entered active duty that date.
4. She was honorably discharged on 29 November 2004. She completed 4 years, 6 months, and 3 days of creditable active service. 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. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Item 18 is used for mandatory entries or as a continuation for certain entries. 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."
6. DOD Financial Management Regulation, Volume 7A, chapter 1, states when a member currently serving as an officer has had service as a cadet or a midshipman in any of the military academies after 26 June 1956, and the member held no enlisted or concurrent Reserve status, then the period of service involved is not creditable.
DISCUSSION AND CONCLUSIONS:
1. The applicant was a cadet at the USMA from July 1996 through May 2000. This period is not creditable service for an officer. She was commissioned and entered active duty on 27 May 2000 and she was discharged on 29 November 2004. She completed a total of 4 years, 6 months, and 3 days of creditable active service. It appears her DD Form 214 inadvertently credited her with the USMA service in addition to her active duty service for a total of 8 years, 4 months, and 29 days. Therefore, item 12c should be corrected to show 4 years, 6 months, and 3 days of active service.
2. As for the entry regarding service as a USMA cadet shown in item 18 of her DD Form 214, by design this entry only applies to those Soldiers separated while in a cadet status. The applicant was no longer in a cadet status when she was discharged. Although the dates are incorrect, this entry should not have appeared on her DD Form 214 in the first place and should be deleted.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* deleting from item 12c of her DD Form 214 the entry "0008-04-29" and adding the entry "0004-06-03"
* deleting from item 18 of her DD Form 214 the entry "Block 12c includes service as a USMA cadet from 19970701 to 20000526"
_______ _ __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) AR20140001012
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ABCMR Record of Proceedings (cont) AR20140001012
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