BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20160019688 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ___x_____ ___x_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20160019688 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Meritorious Service Medal and Kosovo Campaign Medal to item 13 of his DD Form 214. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to listing the time he spent as a cadet to his DD Form 214 in item 12d. _____________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. BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20160019688 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 add: * the time he spent as a cadet in the U. S. Military Academy (USMA) in item 12d (Total Prior Service) pursuant with Title 38, U.S.C. section 3.6(4) * the Meritorious Service Medal in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) 2. The applicant states that on 28 June 2004, he entered active duty as a cadet at the USMA at West Point, NY and he was commissioned on 23 May 2009. Prior to his release from active duty he was presented with the Meritorious Service Medal; however, his record was not amended to show this award. 3. The applicant provides his: * USMA transcripts * USMA Form 5-50 (Oath of Allegiance, the Agreement to Serve and affirmation of marital status), dated 28 June 2004 * Orders 91-307, dated 1 April 2009 * DA Form 638 (Recommendation for Award) and Meritorious Service Medal certificate * DD Form 214 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 was enrolled in the USMA on 28 June 2004. He graduated from the USMA on 23 May 2009 and he was appointed as a second lieutenant (2LT) on the same day. 3. He provides: a. Orders 91-307, issued by Headquarters, USMA, dated 1 April 2009, which reassigned the applicant from the USMA to Schofield Barracks, HI, to await the start of his Basic Officer Leadership Course on 5 January 2010. b. Permanent Order (PO) 133-09, issued by Headquarters, III Corps & Fort Hood, dated 13 May 2015, which awarded him the Meritorious Service Medal. 4. The applicant was released from active duty on 30 June 2015. His DD Form 214 shows the following entries: * Item 12d does not list any prior service * Item 13 (continued in item 18 (Remarks)) shows he was authorized or awarded: * Iraq Campaign Medal with two campaign stars * Bronze Star Medal * Army commendation Medal (2nd Award) * Army Achievement Medal (2nd Award) * National Defense Service Medal * Armed Forces Expeditionary Medal * Global War on Terrorism Service Medal * Armed Forces Service Medal * Overseas Service Ribbon (2nd Award) * North Atlantic Treaty Organization Medal * Combat Action Badge * Item 18 shows the entries "Service in Iraq 20100223-20110615" and "Service in Kosovo 20140215-20141017" REFERENCES: 1. Title 10, U.S.C section 971, states that in computing length of service for any purpose, service as a cadet or midshipmen may not be credited to a commissioned officer of the Army or other service. 2. The Department of Defense Pay Manual (DODPM), paragraph 10101p, states that service as a cadet or midshipman is creditable in computing basic pay of enlisted members. In accordance with table 1-1-1 of this manual, service in any of the military academies for cadets and midshipmen who were appointed after 25 June 1956 is not creditable. 3. Title 38 addresses duty periods as defined by the Department of Veterans (VA) Affairs. Title 38, U.S.C. section 3.6 (4), states that service at any time as a cadet at the USMA, Air Force, or Coast Guard Academy, or as a midshipman at the United States Naval Academy will be considered for the purpose of determining basic eligibility for benefits. 4. Army Regulation 600-8-22 (Military Awards) states the Kosovo Campaign Medal is awarded to service members of the Armed Forces of the United States who, after 24 March 1999, participated in or served in direct support of Kosovo Operation(s): Allied Force, Joint Guardian, Allied Harbour, Sustain Hope/Shining Hope, Noble Anvil, or Kosovo Task Force Saber, Hunter, Hawk, or Falcon, within the Kosovo Air Campaign or Kosovo Defense Campaign areas of eligibility. Service members must be bona fide members of a unit participating in or be engaged in direct support of the operation for 30 consecutive days in the area of eligibility or for 60 nonconsecutive days provided this support involves entering the operations area of eligibility or meets other selected criteria (not applicable in his case). DISCUSSION: 1. PO awarded the applicant the Meritorious Service Medal. This award is not shown on his DD Form 214. 2. The applicant served in Kosovo from 5 February 2014 to 17 October 2014. He meets the criteria for award of the Kosovo Campaign Medal. 3. The applicant entered USMA as a cadet on 28 June 2004 and he was commissioned on 23 May 2009. He contends that pursuant to Title 38, U.S.C. section 3.6(4) this time is creditable as active duty service. However, this section of the law pertains to duty periods that are considered by the VA when determining basic eligibility for benefits. 4. Title 10, U.S.C. section 971, states that in computing length of service for any purpose, service as a cadet or midshipman may not be credited to a commissioned officer of the Army or other service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160019688 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160019688 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2