MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           28 November 2000                  
	DOCKET NUMBER:   AR2000042174

	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.

	Mr. Carl W. S. Chun		Director	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Margaret k. Patterson		Chairperson	
	Mr. Wilford A. Hale		Member	
	Mr. John H. Kern		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 Pay Entry Basic Date (PEBD) be corrected.

APPLICANT STATES: That he attended the United States Military Academy (USMA),at West Point from 2 July 1984 – 24 May 1988.  He believes his PEBD should be adjusted to reflect his attendance at USMA.

EVIDENCE OF RECORD: The applicant's military records were not available.  The documents herein were provided by the applicant:

U.S. Total Army Personnel Agency (Provisional) Orders 18-1-A-26 reflect that the applicant graduated from USMA and was commissioned on 25 May 1988.

DD Form 214 (Discharge Document) reflects that the applicant entered active duty on 25 May 1988; was honorably discharged on 27 Sep 1991 for unqualified resignation.  The DD Form 214 reflects no credit for prior inactive service.

A member of the staff of the Board contacted the applicant.  In response to a question the applicant informed the staff member that he never served as an enlisted member.

The Department of Defense Financial Management Regulation (DODFMR), volume 7A, chapter 1, provides, in pertinent part that creditable service periods include service as a cadet or midshipman, provided the member has concurrent enlisted selected reserve status covering the period on or after 1 August 1979.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and, 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 above requirement.

2.  Had the applicant attended USMA with concurrent Enlisted Selected Reserve status his service as a cadet would have been creditable for pay and therefore considered creditable active federal service.  However, since he did not meet the requirements outlined in the DODFMR for creditable and active Federal service, his DD Form 214 is currently correct.

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

__mlp  __  ____wah_  ____jhk__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000042174	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001128	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.