ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 April 2019 DOCKET NUMBER: AR20180014090 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his graduation from the U.S. Military Academy (USMA). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * (DD Form 149 (Application for Correction of Military Record) * DD 214 * USMA Transcripts 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 he is a 1991 graduate of the USMA; as such, item 15a (Commissioned through Service Academy) should reflect, "YES" instead of its current entry. He provides a copy of his USMA transcript as proof. 3. The applicant's service records show: a. The Soldier Management System, a web-based personnel resource managed by the U.S. Army Human Resources Command, shows the applicant was accessioned from the USMA on 1 June 1991. His official military personnel file also includes a copy of his USMA transcripts affirming his graduation from the USMA on 1 June 1991. His OMPF is void of other documentation reflecting his USMA graduation, nor are there any appointment documents or a DA Form 71 (Oath of Office – Military Personnel). b. On 31 July 2011, the applicant was honorably retired. Item 7a (Place of Entry into Active Duty) shows "Midvale, Utah"; item 15a of his DD Form 214 indicates, "NO'" for being commissioned through a service academy. 4. Army Regulation (AR) 635-8 (Separation Processing and Documents) prescribes policies for the completion of the DD Form 214. It states item 7a will show "Accessions Detachment, West Point, NY." for USMA graduates. In addition, item 15 (Source of Commission or Loan Repayment Information) will reflect "YES" for officers commissioned through a service academy. Item 18 (Remarks) will include the comment, "BLOCK 12c INCLUDES SERVICE AS USMA CADET FROM (date) TO (date). SERVICE IS NOT CREDITABLE FOR ANY PURPOSE IN COMMISSIONED OFFICER STATUS." BOARD DISCUSSION: After review of the application and all evidence, the Board determined that there is sufficient evidence to grant relief. The preponderance of evidence to include a screen shot of the applicant’s personnel records (provided by the ABCMR analyst), dated 12 April 2019, and the applicant’s USMA transcript, dated 28 April 1992, showing he graduated on 1 June 1991, indicate the applicant attended USMA. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :x :x :x GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 his DD Form 214 ending on 31 July 2011, item 15a (Commissioned Through Service Academy) by marking an “X” in the “Yes” box vice marking an “X” in the “No” box. 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): Not Applicable 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. AR 635-8 (Separation Processing and Documents), currently in effect, prescribes policies for the completion of the DD Form 214. It states item 7a will show "Accessions Detachment, West Point, NY." for USMA graduates. In addition, item 15 (Source of Commission or Loan Repayment Information) will reflect "YES" for officers commissioned through a service academy. Item 18 (Remarks) will include the comment, "BLOCK 12c INCLUDES SERVICE AS USMA CADET FROM (date) TO (date). SERVICE IS NOT CREDITABLE FOR ANY PURPOSE IN COMMISSIONED OFFICER STATUS." ABCMR Record of Proceedings (cont) AR20180014090 4 1