IN THE CASE OF:
BOARD DATE: 6 August 2015
DOCKET NUMBER: AR20150000411
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he entered active duty on 8 July 1974.
2. The applicant states, in effect, that he desires to have his DD Form 214 corrected to show he entered active duty on 8 July 1974 instead of 7 June 1978.
This will afford him credit for his time spent at the U.S. Military Academy, West Point, New York and make him eligible for a 5-point veterans preference.
3. He also states that he was awarded the National Defense Service Medal for his time at West Point which proves he was serving on active duty.
4. The applicant provides a one-page letter explaining his application and copies of his DD Form 214, Notification of Personnel Action, and transcript from the U.S. Military Academy.
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 entered the U.S. Military Academy at West Point, New York on 8 July 1974 and remained there until he graduated on 6 June 1978. He was appointed as a Regular Army second lieutenant on 7 June 1978.
3. His DD Form 214 shows, on 24 January 1984, he was honorably discharged from active duty due to unqualified resignation. He had served 7 years,
7 months, and 18 days of active service and he was awarded the National Defense Service Medal, Parachutist Badge, Meritorious Service Medal, Army Service Ribbon, Army Achievement Medal, and Army Commendation Medal with 1 Oak Leaf Cluster.
4. The Department of Defense Financial Management Regulation (DODFMR), also known as the DOD Pay Manual provides in Table 1-1-5 (service not creditable for pay) that service as a cadet or midshipman at the U.S. Military Academy or U.S. Naval Academy is not creditable service for pay if the appointment is accepted after 25 June 1956.
5. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974,
2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. Cadets of the U.S. Military Academy are eligible for the NDSM during any of the inclusive periods listed above upon completion of the swearing-in ceremony as a cadet.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions and supporting documents have been carefully considered and appear to lack merit.
2. Service as a cadet in the U.S. Military Academy after 25 June 1956 is not creditable service for pay; therefore, this service is not counted as active duty service.
3. The fact that the applicant was awarded the NDSM does not imply that he was serving on active duty during his period as a cadet, but simply that the law provided for award of the NDSM to cadets who took their oath during a qualifying period for that award.
4. Therefore, since there is no error or injustice in his case, there is no basis to grant his request.
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.
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