MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           8 March 2000                   
	DOCKET NUMBER:   AR1999029068

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Ernest W. Lutz, Jr.		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his DD Form 214 (Report of Separation) be corrected to show he had  2 years of prior active service.

APPLICANT STATES:  That he had 2 years of prior service but his DD Form 214 only shows 1 year and 14 days.  He provides his two DD Forms 214 as supporting evidence.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the U. S. Army Reserve on 23 June 1975 for the U. S. Military Academy Preparatory School.  He completed the Preparatory School and attended the Academy.  He was given a DD Form 214 for the period ending      22 June 1977 item 18 of which shows he had 2 years net active service that period and item 27 of which showed that 2 years included service as a cadet from 7 July 1976 through 22 June 1977.  

The applicant graduated from the U. S. Military Academy and was commissioned in the Regular Army on 28 May 1980.  He was released from active duty on       30 September 1992.  His DD Form 214 for that period, item 12d shows he had    1 year and 14 days total prior active service.

The Department of Defense Financial Management Regulation (DODFMR), volume 7B, 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.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  Had the applicant been separated as an enlisted soldier rather than as an officer, his entire 2 year period of prior active service (in fact, all his service as a cadet) would have been creditable for pay and therefore considered creditable active federal service.  However, since he did separate as an officer, he did not meet the requirements outlined in Table 1-1 of the DODFMR to have his service as a cadet credited for pay purposes and, therefore, for creditable active federal service.  The 1 year and 14 days that is shown on his DD Form 214 correctly shows his service from the date of his enlistment on 23 June 1975 until he entered the Academy as a cadet on 7 July 1976.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__rvo___  __eja___  __ewl___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999029068	
SUFFIX		
RECON		
DATE BOARDED	20000308	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.