IN THE CASE OF: 

		BOARD DATE:  29 March 2022

		DOCKET NUMBER: AR20210014836


APPLICANT REQUESTS: 

*	correction of her DD Form 214 (Certificate of Release or Discharge from Active 
Duty) to include her service as a cadet at the U.S. Military Academy (USMA) at 
West Point, NY
*	personal appearance before the Board

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	self-authored statement
*	USMA Form 5-50 (Oath of Allegiance)
*	USMA Transcript of Academic Record
*	DD Form 214
*	USMA letter
*	Title 38, U.S. Code excerpt

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, United 
States Code, 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:

     a.  She is requesting correction to her DD form 214 to include her active duty time 
while a cadet at the USMA, from 2 July 1984 through 25 May 1988. Title 10 U.S. Code 
was amended to clarify that active duty as a cadet is active duty for the Army on the 
DD Form 214.

     b.  She was injured as a cadet and that injury was further aggravated while she was 
an officer on active duty; therefore, this correction is important for her disability claim 
with the Department of Veterans Affairs (VA). 
     c.  Her DD Form 214 currently shows her entry into active duty being the date she 
graduated from the USMA at West Point, NY, which was 25 May 1988. However, 
cadets are on active duty and take the oath of office upon admission to the academy. It 
was never previously important to her to correct her entry date on active duty because 
she had private medical insurance, but now she finds herself nearing a point where she 
will not have private medical insurance and will need access to the VA for medical 
treatment related to these injuries. The first step in that process is correcting the date 
she entered active duty on her DD Form 214.

3.  A USMA Form 5-50, signed by the applicant on 2 July 1984, shows among the 
affirmations made by the applicant in an Oath of Allegiance are the following:

*	she swore to support the Constitution of the United States, and bear true 
allegiance to the National Government
*	having been appointed a cadet of the USMA, she agreed to complete the course 
of instruction
*	if tendered an appointment as a commissioned officer in the Regular Component 
of one of the armed services upon graduation, to accept such appointment and to 
service for not less than 5 consecutive years immediately following the date of 
graduation
*	if she failed to complete the course of instruction at the USMA, she would serve 
on active duty as specified in the Statement of Policies
*	if she voluntarily or because of misconduct failed to complete her specified period 
of active duty, she would reimburse the United States in an amount bearing the 
same ratio to the total cost of advanced educations provided her as the unserved 
portion of active duty bears to the total period of active duty she agreed to serve
*	she affirmed her marital status as single

4.  The applicant’s USMA Transcript of Academic Record shows she entered the USMA 
at West Point, NY, as a cadet on 2 July 1984.

5.  Headquarters, USMA Orders 50-925, dated 18 March 1988, reassigned the 
applicant to temporary duty at the Academy of Health Science, Fort Sam Houston, TX, 
from 6 July 1988 through 17 October 1988, to attend the Army Medical Department 
(AMEDD) Officer Basic Course, with further assignment to the 21st Adjutant General 
Division Replacement Battalion effective 11 November 1988.

6.  The applicant’s UMSA Transcript of Academic Record shows she graduated from 
the USMA on 25 May 1988, thereby ending her cadet status.

7.  A Department of the Army Reserve Personnel (DARP) Form 871 (Computation 
Sheet) shows the applicant’s date of acceptance of initial appointment in the Regular 
Army was 25 May 1988.
8.  The applicant’s Officer Record Brief (ORB) dated November 1990 shows the 
following:

*	her Pay Entry Basic Date (PEBD) was 25 May 1988
*	her Basic Date of Appointment was 25 May 1988
*	her Entry on Active Duty (EAD) was 25 May 1988
*	her Basic Year Group was Fiscal Year 1988
*	her Source of Original Appointment was USMA
*	her Type of Original Appointment was Regular Army

9.  The applicant’s DD Form 214 shows she was honorably discharged from active duty 
on 30 September 1991 and transferred to the U.S. Army Reserve (USAR) Control 
Group (Reinforcement) due to unqualified resignation. It further shows the following 
specific items:

*	item 7A (Place of Entry into Active Duty) West Point, NY
*	item 12a (Date Entered Active Duty this Period) 88 05 25
*	item 12b (Separation Date this Period) 91 09 30
*	item 12c (Net Active Service this Period) 03 04 06
*	item 18 (Remarks) SUBJECT TO ACTIVE DUTY RECALL AND/OR ANNUAL 
SCREENING//NOTHING FOLLOWS


BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found relief is not warranted. The Board found the 
available evidence sufficient to fully and fairly consider this case without a personal 
appearance by the applicant.

2.  The Board found the regulation governing preparation of the DD Form 214 only 
provides for documenting time spent as an USMA cadet if a cadet is separated prior to 
graduation.  The regulation governing the DD Form 214 does not provide for entering 
time spent as an USMA cadet on DD Forms 214 being prepared for commissioned 
officers who are being discharged or released from active duty.  The Board determined 
the absence of time served as a cadet on the applicant's DD Form 214 is not an error.




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:

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, United States 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.

2.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the 
separation documents prepared for individuals upon retirement, discharge, or release 
from active military service or control of the Army and establishes standardized policy 
for preparing and distributing the DD Form 214 (Certificate of Release or Discharge 
from Active Duty). 

     a.  The DD Form 214 is a summary of the Soldier’s most recent period of continuous 
active duty. It provides a brief, clear-cut record of all current active, prior active, and 
prior inactive duty service at the time of Release from Active Duty. Included in the 
categories of Soldiers for whom a DD Form 214 will be prepared are the following:

*	Regular Army Soldiers on termination of active duty because of administrative 
separation
*	Soldiers changing their status or component while serving on active duty, to 
include U.S. Military Academy (USMA) cadets who are separated from the 
USMA prior to graduation; in addition, if a cadet entered the USMA from an 
active duty status, USMA will issue the cadet a DD Form 214 upon entry

     b.  The specific instructions for the preparation of the various portions of the 
DD Form 214, include instructions for preparation of the following items:

     	(1) Item 7a (Place of Entry into Active Duty) enter the city and state from which 
the Soldier last entered or was ordered to active duty. More current iterations of this 
regulation specify USMA graduates enter active duty at the Accessions Detachment, 
West Point, NY.

      (2)  Item 12a (Date Entered Active Duty this Period) states to enter the beginning 
date of the enlistment period or tour of active duty for which a DD form 214 was not 
issued.

     	(3)  Item 12b (Separation Date this Period) states to enter the separation date 
this period. (Separation date may not be the contractual date if extended for make-up of 
lost time or Soldier has been held over for the convenience of the Government).
     	(4)  Item 12c (Net Active Service this Period) states to enter the amount of 
service this period (subtract 12a from 12b). Lost time and non-creditable time after 
expiration term of service, if any, will be deducted. For cadets, enter total time between 
dates in blocks 12a and 12b. (See item 18 for additional requirement pertaining to 
cadets.

     	(5)  Item 18 (Remarks) states to use this block for entries required by 
Headquarters, Department of the Army for which a separate block is not available and 
for completing entries that are too long for their blocks. Among the required entries in 
this item includes an entry for those in a cadet status, the directions for which state in

item 18 to enter dates of attendance at a U.S. Military Academy (USMA) in a cadet 
status, e.g., “Block 12c includes service as a USMA cadet from 850601 to 880615. 
Service not creditable for any purpose in commissioned officer status.”

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20210014836


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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