MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           23 July 2002
	DOCKET NUMBER:   AR2002072637

	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	
	Ms. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Ms. Gail J. Wire		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 Certificate of Release or Discharge from Active Duty, DD Form 214, be amended to reflect his time as a cadet at the U. S. Military Academy.

APPLICANT STATES:  That he needs his DD Form 214 amended for his federal employee records.  He provides his U. S. Military Academy academic records and DD Form 214 as supporting evidence.

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

He entered the U. S. Military Academy in 1984.  He graduated and was commissioned and he entered active duty on 25 May 1988.  He was discharged upon completing his required active service on 30 June 1992 after completing     4 years, 1 month, and 6 days of net active service with no prior active service and no prior inactive service. 

Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The version in effect at the time, dated 1 July 1981, paragraph 1.4a(3) stated that a DD Form 214 would be prepared for each cadet of the U. S. Military Academy who fails to graduate.  Table 2-1, DD Form 214 Preparation Instructions, item 18h, stated that, when the separatee was a cadet, an entry would be made in item 18, Remarks, that “Item 12 includes service as a cadet, USMA, from (date from entrance in USMA to date of separation).”  The current version, dated 15 September 2000, contains similar instructions, i.e., an entry will be made in item 18, Remarks, for a soldier who has cadet status, that “Block 12c includes service as a USMA cadet from (date) to (date).  Service not creditable for any purpose in commissioned officer status.”

The Department of Defense Financial Management Regulation, chapter 01, states that service as a cadet or midshipman at a military service academy is always creditable service for an enlisted member.  It is not creditable for a commissioned or warrant officer who held no concurrent enlisted and/or Reserve status.

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 this requirement.

2.  There are no regulatory provisions (nor were there at the time the applicant separated), to indicate time spent in the U. S. Military Academy on the DD Form 214 for a graduate of the Academy.  

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

___JLP__  __HOF__  __GJW__  DENY APPLICATION

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

INDEX

CASE ID	AR2002072637	
SUFFIX		
RECON		
DATE BOARDED	2002/07/23	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.