MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:        

		BOARD DATE:             16 October 2003                  
		DOCKET NUMBER:     AR2003089082

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Hubert O. Fry		Member	
	Ms. Mae M. Bullock		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:  In effect, that a statement be placed in Item 18 (Remarks) of his separation document (DD Form 214) that reflects the time he served as a cadet at the United States Military Academy (USMA) from 1 July 1983 through 27 May 1987. 

APPLICANT STATES:  In effect, that he understands that his time served as a cadet at the USMA does not affect the service dates entered in Item 12 (Record of Service) of his DD Form 214 and does not count as creditable service as an officer.  However, he claims that he is now serving as a civilian employee of the Army and based on guidance form the Office of Personnel Management (OPM), he can receive service credit for time served as a cadet if it is listed on his 
DD Form 214.  In support of his application, he submits a copy of his DD Form 214, Oath of Allegiance, and Oath of Office (DA Form 71).

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

He entered the USMA at West Point, New York on 1 July 1983 and graduated on 27 May 1987.  He was commissioned a second lieutenant in the Regular Army and entered active duty in that status on 27 May 1987.  On 1 October 1991, he was promoted to the rank and pay grade of captain/0-3 (CPT/0-3) and he continued to service on active duty until he was honorably discharged on 
29 August 1993.  

The DD Form 214 issued to the applicant on the date of his separation confirms that he was separated under the provisions of Army Regulation 635-120, chapter 3, by reason of unqualified resignation.  This document also confirms that on the date of his separation, 29 August 1993, he had completed a total of 6 years, 
3 months, and 3 days of active military service as a commissioned officer.  

Army Regulation 635-5 prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  Paragraph 2-4 contains item by item instructions for completing the DD Form 214.  The instructions for Item 18 indicate that entries required by Headquarters Department of the Army (HQDA) for which a separate item is not available on the DD Form 214 will be included in this item.  Service as a graduating cadet of the USMA is not listed as a required HQDA entry.

The Department of Defense Military Pay and Allowances Entitlements Manual, chapter 1, in effect at the time, lists all categories of creditable service, active or inactive service, for officers and enlisted personnel.  Service as a graduating cadet of the USMA is not listed as creditable service.

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.  The Board notes the applicant’s request that an entry documenting his time as a cadet at the USMA be placed in Item 18 of his DD Form 214 in order for him to receive service credit for this time in connection with his civilian employment with the Army from the OPM.  However, it finds an insufficient evidentiary basis to support this requested relief.  

2.  Time spent at the USMA as a cadet is not creditable active duty service or service for pay and it is not included in the list of required HQDA entries.  Thus, the Board finds no regulatory basis for including the requested entry in the 
DD Form 214 at this time.  

3.  In the opinion of the Board, if OPM credits time at the USMA as service for civilian employment purposes, the applicant should be able to provide confirmation attendance and graduation documents from the USMA that serve this purpose.  The DD Form 214 is primarily used to verify creditable military service and given the applicant’s time at the USMA is not creditable service, the Board finds it would not be appropriate to include it in the DD Form 214 at this time.  

4.  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.

5.  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

_ _MB___  ___HOF__  ___AO__ DENY APPLICATION

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

INDEX

CASE ID	AR2003089082	
SUFFIX		
RECON		
DATE BOARDED	2003/10/16	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1993/08/29	
DISCHARGE AUTHORITY	AR635-120 . Chapter 3 	
DISCHARGE REASON	Unqualified Resignation	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.