IN THE CASE OF: BOARD DATE: 7 June 2016 DOCKET NUMBER: AR20150010284 BOARD VOTE: ___x____ ____x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 7 June 2016 DOCKET NUMBER: AR20150010284 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Headquarters, U.S. Military Academy, Orders 105-7, dated 15 April 2010, as follows: * Component: Regular Army * Statute authorizing retirement: 1201 _____________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. IN THE CASE OF: BOARD DATE: 7 June 2016 DOCKET NUMBER: AR20150010284 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, in effect, correction of Headquarters, U.S. Military Academy, Orders 105-7, dated 15 April 2010, to show: * Component – Regular Army * Statute authorizing retirement – 1201 2. The applicant states: a. He was a cadet at the U.S. Military Academy at West Point when he was medically retired and placed on the Permanent Disability Retired List. b. His DD Form 214 (Certificate of Release or Discharge from Active Duty) and the top half of his retirement orders clearly show he was placed on the Permanent Disability Retired List, but his retirement orders show the statute authorizing retirement as 1205. He was informed this code refers to a Reserve Component Soldier as well as placement on the Temporary Disability Retired List (TDRL). These statuses do not apply to him. He was never in a Reserve Component. c. It appears there is a typographical error in the orders that needs to be corrected to show the proper statute authorizing retirement for an active duty cadet placed on the Permanent Disability Retired List. d. He suspects this is a software issue. Despite the issuing authority and the known fact that cadets are active duty personnel, his component is listed as U.S. Army Reserve, a component to which he was never assigned. 3. The applicant provides: * DD Form 214 * retirement orders, dated 15 April 2010 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. The applicant entered active duty as a cadet on 30 June 2008 at the U.S. Military Academy at West Point, New York. 3. Headquarters, U.S. Military Academy, Orders 105-7, dated 15 April 2010, show: a. his effective date of placement on the Retired List as 15 April 2010; b. his retired grade of rank as cadet; c. his percentage of disability as 30 percent; d. his retirement type and allotment code as permanent; e. his component as U.S. Army Reserve; f. the statute authorizing retirement as Title 10, U.S. Code, section 1205; and g. his disability retirement was based on 1 year, 9 months, and 16 days of service. 4. His DD Form 214 shows he was retired by reason of permanent disability on 15 April 2010 after completing 1 year, 9 months, and 16 days of creditable active service. REFERENCES: 1. Title 10, U.S. Code, section 3075, provides that the Regular Army is the component of the Army that consists of persons whose continuous service on active duty in both peace and war is contemplated by law, and of retired members of the Regular Army. The Regular Army includes: * officers and enlisted members of the Regular Army * professors, director of admissions, and cadets of the U.S. Military Academy * retired officers and enlisted members of the Regular Army 2. Title 10, U.S. Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rating of at least 30 percent. 3. Title 10, U.S. Code, section 1205, provides for members on active duty for 30 days or less or placement on the TDRL. DISCUSSION: 1. The applicant contends his component and statute authorizing retirement are incorrect as shown in his retirement orders. 2. The evidence of record confirms the applicant was permanently retired by reason of physical disability (30 percent) effective 15 April 2010. 3. His retirement orders erroneously show his Army component as U.S. Army Reserve and the statute authorizing retirement as Title 10, U.S. Code, section 1205. 4. Title 10, U.S. Code, section 3075, provides that cadets of the U.S. Military Academy are members of the Regular Army. 5. Title 10, U.S. Code, section 1201, provides for the physical disability retirement of a member who has a disability rating of at least 30 percent. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010284 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010284 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2