IN THE CASE OF: BOARD DATE: 15 June 2021 DOCKET NUMBER: AR20200009218 APPLICANT REQUESTS: service credit for time served at the U. S. Military Academy (USMA) from 18 October 1955 – 9 September 1958, resulting in financial compensation. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * NGB Form 22 (Report of Separation and Record of Service in the Army National Guard (ARNG) of the United States and the ARNG of New York State), dated 1 May 1952 * NGB Form 55 (Honorable Discharge Certificate), dated 1 May 1952 * Department of the Army Office of the Adjutant General letter, dated 21 April 1953 * Special Orders Number 128, dated 2 July 1953 * NGB Form 22, dated 6 July 1953 * Certificate of Service, dated 9 January 2006 * NGB Form 55, dated 6 July 1953 * Special Orders Number 104, dated 9 June 1955 * DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 10 June 1955 * DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 29 September 2010 * WD AGO Form 55 (Honorable Discharge Certificate), dated 10 June 1955 * Congressional Letter, dated 7 September 1955 * Letter – Subject: Readmission to the U.S. Military Academy, dated 16 August 1955 * Certificate of Marriage, dated 10 December 1956 * Letter – Commendation * Letter of Appreciation, dated 4 November 1957 * Letter – Subject: Credit Toward Distinguished Designation, dated 17 June 1958 * Letter, dated 24 July 1958 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 5 September 1958 * DD Form 215, dated 13 October 2010 * Letter, dated 22 September 1958 * Letter – Subject: Army Participation in National Rifle and Pistol Matches, dated 2 December 1958 * Photograph FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code (USC), section 1552(b); 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 that his records are currently void of his entitlement to service credit while serving as a cadet attending the USMA. He contests that on 6 July 1953 he was transferred into the Standby Reserve upon discharge from the New York Army National Guard (NYARNG). He further provides that his 2 May 1952 U.S. Army Reserve (USAR) enlistment contract indicated a 3-year service obligation as part of his enlistment into the NYARNG which was later extended to allow for sufficient time for him to continue his course of instruction while attending the USMA. The applicant contends that he served in the Standby Reserve, without entitlement to pay, from 7 July 1953 until he was discharged from the USMA on 19 July 1955, however he did obtain service credit towards the establishment of his pay entry base date (PEBD). When his reenrollment in the USMA was finally foreclosed, he enlisted in the Regular Army on 18 October 1955 where he remained until 9 September 1958. During this period of time, his pay and entitlements were not inclusive of his previous service as a cadet in the USAR. a. When the applicant was discharged from the ARNG to accept a competitive appointment to the USMA as a cadet, he was erroneously not permitted to retain a dual status in the USAR. Federal law (Section 803 of the Armed Forces Reserve Act of 1952) did not mandate his discharge from the USAR, it permitted cadets to hold dual status as enlisted Soldiers within the USAR. Further, the law did not provide dual pay, but it did permit service credit for pay purposes. When he was discharged from active duty, he did not receive credit for his service in the USAR (as a cadet) with corresponding pay. However, he did receive service credit for pay purposes within the ARNG. Therefore, he concludes that it was unjust for his time spent in the USAR, as a cadet, to not be counted towards additional service credit when establishing his PEBD, which would have resulted in an increase to his pay and entitlements during his subsequent service on active duty. b. With regard to his delayed submission the applicant notes that in 1998, he learned of the injustice while assisting a classmate of his in his endeavor to seek the correction of his records. He had graduated from the USMA and retired as a Lieutenant Colonel (LTC). However, his situation was manifestly different and it appeared considerably less beneficial to pursue correction of his records at that time as he had only served for two years as a cadet, subsequently served actively in lower ranks and holds no military pension. The current pandemic and voluntary quarantine provided him with time to address personal problems. He sought to verify his Social Security benefits and discovered that it was being adversely affected by his military records. This served as the first time that he was made aware of the greater damage caused by the lack of service credit for his time spent in the USAR as a cadet. He states that he was verbally advised that the Social Security benefit would not be reexamined until his military records were corrected. He contests that the statute authorizing service credit while in the USAR may have been rescinded, however it was legally in effect at the time and permitted cadets to retain dual status while attending the USMA. The relentless collateral damage to his Social Security benefits from the lack of service credit continues unabated. He intends to seek full Social Security entitlements once his records are corrected. He humbly seeks the equal treatment as previously received by those who have attained a favorable response. 3. A review of the applicant's available service records reflects the following: a. On 7 June 1948, the applicant enlisted in the ARNG for 3 years. b. On 1 May 1952, the applicant was discharged from the ARNG in the rank of Sergeant (SGT)/E-5. NGB Form 22 reflects 3 years, 10 months, and 24 days of service credit this period. His enlistment was subsequently extended for 12 months from 7 June 1951 in order for him to attend Officer Candidate School. c. On 21 April 1953, the applicant was notified of his authorization to report to the USMA (West Point), NY, on 7 July 1953 for admission as a cadet. Paragraph 9 (Discharge from Reserves or National Guard) provides that cadets are not permitted to retain membership in the Reserve Component. d. On 2 July 1953, the State of New York, Division of Military and Naval Affairs issued Special Orders Number 128 releasing the applicant from duty effective 6 July 1953; upon acceptance of appointment as a cadet at the USMA. e. On 9 June 1955, Headquarters, USMA issued Special Orders Number 104 honorably discharging the applicant from the service of the U.S. as a cadet on 10 June 1955 due to deficiency in studies (Physical Education). DD Form 214 reflects a total of 5 years and 1 month of service credit for pay purposes. f. On 16 August 1955, the applicant was advised that his deficiency in Physical Education prevented him from being considered as qualified for reenrollment consideration in the USMA. g. On 18 October 1955, the applicant enlisted in the Regular Army. h. On 5 September 1958, the applicant was honorably discharged from the Army. He completed 2 years, 10 months, and 18 days of net service this period, with 5 years and 1 month of other service, creditable for basic pay purposes. 4. The applicant provides a: a. NGB Form 55 (Honorable Discharge Certificate), dated 1 May 1952, reflective of his honorable discharge from the ARNG. b. NGB Form 22, dated 6 July 1953, reflective of his honorable discharge from the ARNG to accept appointment to the USMA effective 6 July 1953. Item 28 (Total Service for Pay) indicates "5 years and 1 month" of credit. This document accounts for 1 year, 2 months, and 4 days of service performed during this period (2 May 1952 – 6 July 1953). c. Certificate of Service, dated 9 January 2006, reflective of the applicant's verified service in the NYARNG from 7 June 1948 – 6 July 1953. d. NGB Form 55 dated 6 July 1953 reflective of his honorable discharge from the ARNG. e. DD Form 215, dated 29 September 2010, reflective of the correction of the applicants 10 June 1955 issued DD Form 214 to reflect the addition of the National Defense Service Medal and his Service Number. f. WD AGO Form 55, dated 10 June 1955, reflective of his honorable discharge from the Army of the United States. g. Congressional letter, dated 7 September 1955, reflective of the applicant being advised that favorable consideration would not be offered as it pertained to his potential reenrollment in the USMA. h. Certificate of Marriage, dated 10 December 1956, reflective of the applicant being legally married to Ms. V_ in New York. i. Letter – Commendation reflective of the applicant being recognized for his performance during the 7th Infantry Division competitive pistol match wherein he placed First. j. Letter of Appreciation, dated 4 November 1957, reflective of the applicant being recognized for representation of the 7th Infantry Division during the I Corps (Group) Marksmanship Matches. k. Letter – Subject: Credit Toward Distinguished Designation, dated 17 June 1958, reflective of the applicant's score during the Pacific Pistol Match of 1958 resulting in entitlement to credit towards distinguished designation (second leg). l. Letter, dated 24 July 1958, reflective of the applicant attaining the credits necessary for award of the Distinguished Pistol Shot Badge, the nation's highest award for individual excellence in shooting the service pistol. m. DD Form 214, dated 5 September 1958, reflective of his service on active duty from 18 October 1955 – 5 September 1958. Item 24a (Creditable for Basic Pay Purposes) provides 7 years, 11 months, and 18 days of total service credit for pay purposes. n. DD Form 215, dated 13 October 2010, reflective of the correction of his 5 September 1958 issued DD Form 214 to reflect additional awards. o. Letter, dated 22 September 1958, reflective of the acknowledged recognition of the performance of the U.S. Army Blue Rifle Team during the 1958 Infantry Trophy Match. p. Letter – Subject: Army Participation in National Rifle and Pistol Matches, dated 2 December 1958, reflective of the applicant’s acknowledged participation in the National Rifle and Pistol Matches. q. Photograph reflective of several military award sets to include the Army Good Conduct Medal, the National Defense Service Medal, Marksmanship Badge (rifle and pistol) and various other awards. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. Based on the documentation available for review, the Board noted that although the applicant had a period of active duty, it was prior to 1 August 1979. After that date, cadet service became creditable provided the member has concurrent enlisted Selected Reserve status. As it cannot be applied retroactively, there is no basis upon which to grant relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XXX :XX DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 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. 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. Department of Defense Financial Management Regulation 7000-14-R, Volume 7A Chapter 1 (Creditable Service) provides for most members who enter and serve on active duty without a break in service, the basic pay date is the date the member enters active or inactive service. If, however, there is a break in service, the time between periods of service usually is not included. Also, there are statutory periods when service in a particular component may not be counted. Conversely, there are periods for which some members are given constructive service, even though they were not actually serving on active or inactive duty. a. Service as a cadet is creditable, provided the member has concurrent enlisted Selected Reserve status covering the period on or after 1 August 1979. b. All basic pay date computations start from the date of the members most recent entry on duty without a break in service. For enlisted members, this is the date of enlistment. For officers, this is the date of acceptance of a commission. The date of acceptance for officers graduating USMA is the date of graduation. 3. Army Regulation 150-1 (Organization, Administration and Operation) applies to cadets, cadet candidates, and individuals assigned, appointed, or detailed to the United States Military Academy. Cadets have a mandatory service obligation equal to the time not served on the original enlistment contract, with all service as a cadet counted as service under that contract, if they resign or are separated from USMA prior to the commencement of term one of their second class year. Those cadets with less than 1 year remaining in their original enlistment contract may have their remaining obligation waived and may be discharged on the approval of the resignation or separation by the separation authority. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200009218 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1