PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            26 October 2000
	DOCKET NUMBER:   AR2000040864

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

	Mr. Carl W. S. Chun		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Melinda M. Darby		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. William  D. Powers		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his report of separation (DD Form 214) be corrected to reflect the correct date he entered active duty and the correct amount of prior active service.

3.  The applicant states that his DD Form 214 dated 31 August 1996 should be corrected to show that he entered active duty on 7 June 1978 instead of 20 May 1977 and that he had 2 years of prior active service instead of 1 year and 17 days.  He goes on to state that he could not find his DD Form 214 dated 20 June 1975 until recently and he desires his records to be corrected to reflect his correct service and adjustment of his retired pay.  In support of his application he submits copies of his DD Forms 214 and his orders for both periods of service. 

4.  The applicant’s military records show that he enlisted in the United States Army Reserve (USAR) on 21 June 1973 under the United States Military Academy Preparatory School (USMAPS) enlistment option and entered active duty on that date.  He remained in the USAMAPS until 8 July 1974 when he became a cadet at the United States Military Academy (USMA) at West Point, New York.

5.  On 20 June 1975, a DD Form 214 was issued to the applicant which honorably discharged him from active duty.  The DD Form 214 indicates that he had served 2 years of active service, of which he served as a cadet at the USMA from 8 July 1974 to 20 June 1975.

6.  On 7 June 1978 he was commissioned as a Regular Army Second Lieutenant upon graduation from the USMA, with a concurrent call to active duty.  He was promoted to the rank of Major on 1 April 1990 and continued to serve on active duty until 31 August 1996, when he was honorably released from active duty under the Voluntary Early Retirement Program (VERP).  He had served 19 years, 3 months and 11 days of total active service.

7.  The DD Form 214 issued at the time of separation indicates that the applicant entered active duty on 20 May 1977, his adjusted basic active service date (BASD) and that he had 1 year and 17 days of prior active service. 

8.  The Department of Defense Military Pay and Allowances Entitlements Manual provides the criteria for creditable and non-creditable service.  It states, in pertinent part, that service as a cadet in a military academy is not creditable service and that creditable service will be counted commencing with the date of graduation/commissioning. 

CONCLUSIONS:

1.  The applicant clearly entered active duty during the period in question upon his graduation from the USMA on 7 June 1978.  However, it appears that an administrative error resulted in his adjusted BASD (20 May 1977) being entered in item 12a of his DD Form 214 instead of the actual date (7 June 1978) he entered active duty.  Accordingly, it would be in the interest of justice to correct the error at this time.

2.  However, although his DD Form 214 dated 20 June 1975 indicates that he served on active duty for 2 years during the period of 21 June 1973 to 20 June 1975, the DD Form 214 specifies that the period of 8 July 1974 to 20 June 1975 was spent as a cadet at the USMA.

3.  Inasmuch as service as a cadet in a military academy is not creditable service, he only had 1 year and 17 days of prior active service, which is correctly annotated on his DD Form 214 dated 31 August 1996.  Accordingly, there is no basis to make the correction he is requesting.

4.  Notwithstanding the presence on his DD Form 214 of the incorrect date he entered active service, the Board notes that his net active service of 18 years, 2 months and 24 days was properly computed based on his actual service         (7 June 1978 date) and therefore there is no basis to change the amount of his service. 

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned entered active duty on 7 June 1978, for the period covered by the DD Form 214 dated 31 August 1996.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__mmd__  ___ao___  __wdp___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Melinda M. Darby____
		        CHAIRPERSON

INDEX

CASE ID	AR2000040864	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/10/26	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR 214	
2.		
3.		
4.		
5.		
6.