ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  30 August 2019

	DOCKET NUMBER:  AR20180014031


APPLICANT REQUESTS:  in effect, correction of his DD Form 214 (Certificate of 
Release or Discharge from Active Duty) to show:

*	his service credit for his time spent at the U.S. Military Academy (USMA)
*	he was awarded the Air Assault Badge 
*	he was authorized and awarded the National Defense Service Medal (NDSM)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Orders 197-266, issued by Headquarters 101st Airborne Division (Air Assault) 
and Fort Campbell, dated 10 June 2006
*	Air Assault School Diploma, dated 10 June 2006

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10 (Armed 
Forces), United States Code (USC), section 1552 (b) (Correction of Military Records:  
Claims Incident Thereto).  However, the Army Board for Correction of Military Records 
(ABCMR) conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states:

a.	His service does not include all of his active duty time.  He is a graduate of the
USMA, and this time is not included in his record of service or on his DD Form 214.  

b.	The date he entered active duty should be 28 June 2004; however, it currently 
shows the date: 31 May 2008.  

c.	His DD Form 214, item 13 (Decorations, Medals, Badges, Citations and 
Campaign Ribbons Awarded or Authorized) shows that he received no decorations, 
medals, badges, etc., and it should show he received the NDSM and the Air Assault 
Badge.
d.	Title 38 U.S. Code 101(b)(21), states, “the term ‘active duty’ means service as a 
Cadet at the United States Military, Air Force, or Coast Guard Academy, or as a 
midshipman at the United States Naval Academy.”  Therefore, his time as a Cadet at 
the USMA should be included in his record of service.

   e.	While at the USMA, he completed the Air Assault Course, was awarded the Air 
Assault Badge, and should be entitled to the NDSM.

3.  A review of his military records shows:

	a.  On 31 May 2008, he took an oath of office as a second lieutenant in the Regular 
Army.

	b.  On 8 September 2008, he was honorably discharged due to a disability.  His 
DD Form 214 shows the following information:

*	item 7a (Place of Entry into Active Duty) – 
*	item 12a (Date Entered Active Duty This Period) – “2008 05 11”
*	item 12b (Separation Date This Period) – “2008 09 08”
*	item 12c (Net Active Service This Period) – “0000 03 08”
*	item 13 – no awards or badges listed
*	item 18 (Remarks) – “MEMBER HAS NOT COMPLETED FIRST FULL TERM OF 
SERVICE”
*	item 24 (Character of Service) – “HONORABLE”
*	item 28 (Narrative Reason for Separation) – “DISABILITY, SEVERANCE PAY, 
NON-COMBAT RELATED” 

4. Title 38 U.S.C. establishes the criteria for the Department of Veterans Affairs benefits 
only. 

5.  Army Regulation 635-5 (Separation Documents), states for item 12a, to enter the 
start date of active duty service; for item b, enter the date of separation; and to subtract 
12b from 12a to get item 12c.  For item 18, it states, “For a soldier who has CADET 
STATUS, enter ‘BLOCK 12c INCLUDES SERVICE AS USMA CADET FROM (date) TO 
(date).  SERVICE IS NOT CREDITABLE FOR ANY PURPOSE IN COMMISSIONED 
OFFICER STATUS.’"

6.  Department of Defense Financial Management Regulation (DODFMR), Volume 7A, 
Chapter 1, paragraph 0104 (Computations of Creditable Service), states for computing 
a basic pay date for officers, it is the date of acceptance of a commission.  The date of 
acceptance for officers graduating from a Military Service academy is the date of 
graduation.  The applicant graduated from the USMA on 31 May 2008.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his service 
record, the reason for his separation and regulations specific to service computations 
for USMA Cadets.  The Board found that the applicant’s time at West Point was not 
creditable service for any purpose in commissioned officer status.  The Board concurs 
with the two awards stated as corrections in the Administrative Note(s) below.  The 
Board found insufficient evidence to grant service credit for his time as USMA and 
determined that those entries on his DD Form 214 was not in error or unjust.

2.  After reviewing the application and all supporting documents, the Board found relief 
was not warranted.  


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:
With the exception of the corrections stated in the Administrative Note(s) that follow, the 
evidence presented does not demonstrate the existence of a probable error or injustice.  
Therefore, the Board determined the overall merits of this case are insufficient as a 
basis for correction of the records of the individual concerned.


	  
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.



ADMINISTRATIVE NOTE(S):

Orders 197-266, issued by Headquarters 101st Airborne Division (Air Assault) and Fort 
Campbell, dated 10 June 2006, shows he was authorized the Air Assault Badge.

Pursuant to Army Regulation 600-8-22 (Military Awards), the applicant is authorized the 
NDSM for his service on active duty for the period 11 May 2008 to 8 September 2008.

Amend item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons 
Awarded or Authorized) of the applicant's DD Form 214, by adding, "National Defense 
Service Medal" and the "Air Assault Badge." 

REFERENCES:

1.  Title 10, USC, 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 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.  

2.  Army Regulation 635-5, prescribes policies for the completion of the DD Form 214.   

a.	Item 12a - Enter the beginning date of the continuous period of active duty for
issuance of this DD Form 2I4, for which a DD Form 214 was not previously issued.

b.	Item 12b – The Soldier's transition date. This date may not be the contractual 
date if Soldier is separated early, voluntarily extends, or is extended for make-up of lost 
time, or retained on active duty for the convenience of the Government.

c.	Item 12c - Amount of service this period, computed by subtracting item 12a from 
12b.

d.	Item 18 - “For a soldier who has CADET STATUS, enter ‘BLOCK 12c INCLUDES 
SERVICE AS USMA CADET FROM (date) TO (date).  SERVICE IS NOT CREDITABLE 
FOR ANY PURPOSE IN COMMISSIONED OFFICER STATUS.’"

3.  DODFMR, Volume 7A, Chapter 1, paragraph 0104, states for computing a basic pay 
date for officers, it is the date of acceptance of a commission.  The date of acceptance 
for officers graduating from a Military Service academy is the date of graduation.

4.  Title 38 U.S. Code outlines the role of Veterans' Benefits in the U.S. Code.  Title 38 
U.S. Code 101(21), states the term ‘active duty’ means – 

a.	Paragraph (a) - full-time duty in the Armed Forces, other than active duty for 
training.
b.	Paragraph (b) - full-time duty (other than for training purposes) as a 
commissioned officer of the Regular or Reserve Corps of the Public Health Service:

*	on or after July 29, 1945; or
*	before that date under circumstances affording entitlement to “full military 
benefits”; or
*	at any time, for the purposes of chapter 13 of this title  

c.	Paragraph (d) - service as a cadet at the United States Military, Air Force, or 
Coast Guard Academy, or as a midshipman at the United States Naval Academy.

ABCMR Record of Proceedings (cont)	 AR20180014031

4

1