IN THE CASE OF: BOARD DATE: 13 September 2012 DOCKET NUMBER: AR20120005148 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he attended the U.S. Military Academy (USMA). 2. He states his service and attendance at the USMA is not shown on his DD Form 214, and it should at least be shown in the remarks section along with the time period. He attended the USMA from August 1992 to June 1996. He states USMA attendance is shown in the remarks section on many of his peers' DD Forms 214. 3. He provides his DD Form 214 and his USMA Academic Transcript. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. On 1 June 1996, the applicant took the oath of office as a commissioned officer in the Regular Army (RA) at West Point, NY. 3. On 30 September 2002, he was honorably discharged from the RA. Item 12a (Date Entered [Active Duty] This Period) of his DD Form 214 shows he entered active duty on 1 June 1996, and item 12c (Net Active Service This Period) shows 6 years and 4 months. The DD Form 214 does not include an entry in item 18 (Remarks) showing he attended the USMA. 4. He provides his USMA Academic Transcript, which shows he entered the USMA on 29 June 1992 and graduated on 1 June 1996. 5. Army Regulation 635-5 (Separation Documents) 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. It states for item 18, for a Soldier who has cadet status, enter “BLOCK 12C [Net Active Service This Period] INCLUDES SERVICE AS A USMA CADET FROM (date) TO (date). SERVICE NOT CREDITABLE FOR ANY PURPOSE IN COMMISSIONED OFFICER STATUS.” DISCUSSION AND CONCLUSIONS: 1. The evidence of record does not support the applicant's request for correction of his DD Form 214 to show he attended the USMA. 2. He graduated from the USMA on 1 June 1996 and entered active duty in the RA the same day. Six years and 4 months later, he was discharged from the RA. Because he was not a cadet when he was discharged, there was no authority for entering his service as a USMA cadet in item 18. 3. In the absence of evidence showing his service as a USMA cadet was improperly omitted from his DD Form 214, there is no basis for granting the requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___X____ ____X __ ____X___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. __________X______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20120005148 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120005148 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1