IN THE CASE OF:
BOARD DATE: 23 June 2015
DOCKET NUMBER: AR20140019479
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 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.
2. The applicant states she understands her USMA time is allowed to be credited to her U.S. Government civilian retirement, but it must be reflected on her DD Form 214.
3. The applicant provides:
* DD Form 214
* transcripts from the USMA
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. Her transcripts show she entered the USMA on 29 June 1992 and she graduated on 1 June 1996 with a Bachelor of Science Degree. On 1 June 1996, she was commissioned a second lieutenant in the Regular Army.
3. On 16 October 2001, she was honorably discharged. She completed 5 years, 4 months, and 16 days of net active service this period. Her DD Form 214 contains no entries showing her attendance at and graduation from the USMA.
4. On 11 March 2002, she was commissioned a captain in the U.S. Army Reserve (USAR). On 13 October 2004, she was discharged from the USAR.
5. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It also established standardized policy for the preparation of the DD Form 214.
a. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge.
b. Paragraph 2-1(f) stated a DD Form 214 was prepared for USMA cadets who failed to graduate.
c. Paragraph 2-4h(18)(p) provided for an entry in item 18 (Remarks) for a Soldier who had a cadet status at the time of release to show the dates he/she served as a USMA cadet.
6. Department of Defense (DOD) 7000.14, Financial Management Regulation (FMR), Volume 7A (Military Pay Policy and Procedures - Active Duty and Reserve Pay), Chapter 1 (Basic Pay), paragraph 010201 (Service which is Creditable) details the computation of the pay entry base date and shows that:
a. Subparagraph D (Other Creditable Service with restrictions noted below and in subparagraph 010102.A) states "Service as a cadet or midshipman at a military academy is always creditable service for an enlisted member who is not commissioned and reverts back to his/her enlisted status to complete their enlistment contract. See Table 1-1 to determine whether such service is creditable for commissioned and warrant officers."
b. Table 1-1 shows when a member currently serving as an officer has had service as a cadet or midshipman in any of the military academies to which appointed and member held no concurrent enlisted and/or Reserve status, then the period involved is not creditable.
7. Title 10, United States Code (USC), section 971 (Service credit: officer may not count service performed while serving as cadet or midshipman), provides the following:
a. Subsection (b) (Prohibition on Counting Service as a Cadet or Midshipman) states that in computing length of service for any purpose, service as a cadet or midshipman may not be credited to any of the following officers:
(1) An officer of the Navy or Marine Corps
(2) A commissioned officer of the Army or Air Force
(3) An officer of the Coast Guard
(4) An officer in the Commissioned Corps of the Public Health Service
b. Subsection (c) (Service as a Cadet or Midshipman Defined) states the term service as a cadet or midshipman means:
(1) service as a cadet at the United States Military Academy, United States Air Force Academy, or United States Coast Guard Academy; or
(2) service as a midshipman at the United States Naval Academy.
DISCUSSION AND CONCLUSIONS:
1. She contends her time at the USMA should be included on her DD Form 214.
2. DOD 7000.14 and Title 10, USC, section 971 state that service as a USMA cadet is not creditable for service for any purpose in a commissioned officer status.
3. 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.
4. The applicant graduated from the USMA and was commissioned a second lieutenant in the Regular Army. Her service as a USMA cadet is not creditable service for any purpose. There are no provisions for additional entries on her
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) AR20140019479
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140019479
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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