MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:               30 March 2000
	DOCKET NUMBER:       AR1999030436

	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.

	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Barbara J. Ellis		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Ernest W. Lutz, Jr.		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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he was separated in the pay grade of E-1 as reflected on his DFAS Form 702 (Finance and Accounting Service Military Leave an Earning Statement) instead of cadet candidate.

APPLICANT STATES:  That he was an E-1 at the time of his discharge; however, his DD Form 214 shows in item 4b (Pay Grade) the entry “CADET
CANDIDATE”.  In support of his application he submits several copies of DFAS Form 702.

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

He entered the US Army Reserve for the purpose of attending the United States Military Academy Preparatory School (USMAPS) on 22 July 1995.  He continued to serve until he was released on 9 May 1996 from the USMAPS under the provisions of Army Regulation 612-205, for failure to complete the USMAPS course.  He was discharged as a cadet candidate with no service obligation.

Army Regulation 612-205 sets forth the basic authority for the appointment and separation of service academy attendance.  This regulation contains procedures for processing and strength accounting of US Army members appointed as cadets or midshipmen at the US Military, Naval, Air Force, or Coast Guard
Academies and civilian personnel appointed as cadets at the US Military Academy (USMA).  This regulation also provides instructions for enlisted personnel appointed to cadet status at USMA from other services.  Paragraph 
9 of that regulation provides, in pertinent part, for the separation of cadets from
USMAPS.  Paragraph 9d, states that the Commandant will discharge enlisted Reserve personnel (Invitational Reservist), who enter the Army Reserve and come on AD to attend USMAPS but fail to complete the course, with no service obligation.

Army Regulation 635-5 provides instructions for the preparation of the DD Form 214.  It states, pertinent part, that item 4a (Grade, Rate or Rank) and 4b (Pay Grade) will be completed to show the active duty grade or rank and pay grade at the time of separation.

Section 3801 (Service Academy Preparatory School Students), Chapter 38, of the Department of Defense (DOD) Financial Management Regulation, states in pertinent part, that a student a the USMAPS, the United States Naval Academy Preparatory, or the United States Air Force Academy Preparatory School, who was selected to attend the preparatory school from civilian life is entitled to 
monthly student pay at the same rate as provided for cadets and midshipmen.  Table 2-5, of that regulation, outlines the monthly basic pay for commissioned 

officers, aviation cadets, academy cadets, midshipmen, and Reserve Officer Training Corps (ROTC) members effective 1 January 1996.  It states that academy cadets/midshipmen will be paid at the basic pay rate (lowest pay grade) which is the pay grade of E-1.

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.  Evidence of record shows that the applicant failed to complete the USMAPS course and was discharged as a cadet candidate with no service obligation in accordance with applicable regulations at the time of his separation.  

2.  Evidence of record also shows that he was paid as an E-1 in accordance with Section 2801, Chapter 38, of DOD Financial Management Regulation.  

3.  Although the applicant was paid at the rate of E-1, he entered the service as an Invitational Reservist and was properly discharged as a “Cadet Candidate” not as a private E-1 for failure to complete the U. S. Military Academy Preparatory School.  Therefore, his discharge is correct as currently constituted.

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 the aforementioned 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:

BJE____  HOF_____  EWL____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999030436	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000330	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19950509	
DISCHARGE AUTHORITY	AR 612-205	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  1021		
2.		
3.		
4.		
5.		
6.