IN THE CASE OF: BOARD DATE: 16 March 2023 DOCKET NUMBER: AR20220009091 APPLICANT REQUESTS: reconsideration of his prior request for service credit for time served at the U.S. Military Academy (USMA) from 7 July 1953 - 10 June 1955, resulting in financial compensation. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Decisions of The Comptroller General of the United States Volume 41 * Report of Proceedings Army Board for Correction of Military Records (ABCMR) Docket Number AR20200009218 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20200009218 on 15 June 2021. The Board found that relief was not warranted. 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 was no basis upon which to grant relief. 2. The applicant states he should be credited with dual service with the U. S. Army Reserve (USAR) while he was a cadet at the U.S. Military Academy (USMA) during the period of 7 July 1953 through 10 June 1055. The ABCMR made an error in not considering the decision of The Comptroller General of the United States, volume 41 dated 1 July 1961 through 30 June 1962. Section B-113769 states service in the Reserves during a period in which the member concurrently held the status of a cadet or midshipman at one of the military academies may be counted under section 202 of the Career Compensation Act of 1949 and the Armed Forces Reserve Act of 1952. Also see section B-147920 3. A review of the applicant's service record shows: a. National Guard Bureau (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) shows the applicant enlisted in the ARNG on 7 June 1948. The applicant was honorably discharged from the ARNG on 1 May 1952 to reenlist to attend New York States Officer Candidate School (OCS). NGB Form 22 shows the applicant completed 3-years, 10-months, and 24-days of service. b. NGB Form 22 shows the applicant reenlisted in the ARNG on 2 May 1952. He was honorably discharged from the ARNG on 6 July 1953 to accept appointment to the USMA, West Point. NGB Form 22 shows the applicant completed 1-year, 2-months, and 4-days of service. c. On 21 April 1953, the Department of the Army Office of the Adjutant General notified the applicant he was to report to the USMA West Point on 7 July 1953 for admission as a cadet. Paragraph 9 states cadets are not permitted to retain membership in the Reserve components of any of the Armed Forces. Therefore, if currently a member of any Reserve component of the U. S. Army, Navy, Air Force, Marine Corps, or Coast Guard, the applicant must make application of discharge for the convenience of the government for admission to USMA. The effective date may be the day prior to admission as a cadet. d. On 2 July 1953, Special Orders Number 128 issued by the State of NY Division of Military and Naval Affairs of the Executive Department, the applicant was released from duty, effective 6 July1953, upon acceptance of appointment as cadet at the USMA. e. On 9 June 1955, Special Orders Number 104 issued by the Headquarters (HQs), USMA, the applicant was honorably discharged from the service of the United States as a cadet, effective 10 June 1955, for deficiency in studies. f. On 10 June 1955, the applicant was honorably discharged from USMA West Point for deficiency in studies. DD Form 214 (Report of Separation from the Armed Forces of the United States) shows in items: * 21 (Net service completed for pay purposes excluding this period): Not applicable * 22 (Net service completed for pay purposes this period): Not applicable * 23 (Other service completed for pay purposes): 5-years and 1-month * 24 (Total net service completed for pay purposes): 5-years and 1-month g. On 16 August 1955, USMA notified the applicant his reappointment or return to the military academy was prohibited. h. On 7 September 1955, House of Representative notified the applicant the only way he could be reaccepted by the academic board to the USMA was by being renominated for appointment. His standing rule was he would not renominate persons who were dropped from any service academy for scholastic or physical deficiencies. i. DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the applicant enlisted in the Regular Army (RA) on 18 October 1955. He was honorably discharged from active duty on 5 September 1958. DD Form 214 shows the applicant completed 2-years, 10-months, and 18-days of active service with 5 years and 1 month of other service. 4. The applicant provides the Decisions of The Comptroller of the United States, volume 41 1 July 1961 through 30 June 1962. a. Section B-113769, pay - service credits - reservists - concurrent service as cadet or midshipman service in the reserves during a period in which the member concurrently held the status of cadet or midshipman at one of the military academies may be counted, under section 202 of the career compensation act of 1949 and the armed forces reserve act of 1952, for basic pay purposes with the exception of naval reservists appointed to one of the academies prior to 1 January 1953, whose reserve status was automatically terminated by such appointment under section 4 of the naval reserve act of 1938, which prohibits naval reservists from being members of any other military organization, however the prohibitory provision of the said statute for naval reservists was repealed by the armed forces reserve act of 1952, effective 1 January 1953. b. Section B147920, pay - service credits - cadet, midshipman, etc. - concurrent enlisted reserve service. The acceptance by an enlisted member of the naval reserve of an appointment as a midshipman at the united states naval academy on 25 June 1956, is not an acceptance of a service academy appointment "after 25 June 1956" within the meaning of Title 10, United States Code (USC), section 971, which precludes credit for service under an enlistment while serving as a midshipman at the naval academy under an appointment accepted after 25 June 1956, and, therefore, an air force officer who was serving in an enlistment in the naval reserve when he accepted an appointment as midshipman at the U.S. Naval Academy on 25 June 1956, is entitled under section 202 of the career compensation act of 1949, Title 37, USC, section 233, to have the full enlisted reserve service credited in the computation of his cumulative years of service for basic pay purposes, notwithstanding that he concurrently held the status of cadet at the naval academy, and such right to credit for enlisted reserve service is not affected by paragraph 20111b, Air Force manual 177- 105, which precludes credit for pay purposes for time commissioned officers of the air force who served as cadets or midshipmen under appointments after 24 August 1912. 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. 2. The Board reviewed the information provided by the applicant and found it does not apply in this case. The Board concurred with the previous determination that the relief the applicant seeks would be contrary to law insofar as the period of service in question occurred prior to 1 August 1979. Only after that date did cadet service become creditable provided a member has a concurrent enlisted Selected Reserve status. Based on a preponderance of the evidence, the Board determined the relief the applicant seeks cannot be granted. 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 that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20200009218 on 15 June 2021. 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. 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. 2. 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. 3. Title 10 USC, section 971 (Service credit: officers may not count service performed while serving as cadet or midshipman), (a) (Prohibition on Counting Enlisted Service Performed While at Service Academy or in Navy Reserve) the period of service under an enlistment or period of obligated service while also performing service as a cadet or midshipman or serving as a midshipman in the Navy Reserve may not be counted in computing, for any purpose, the length of service of an officer of an armed force or an officer in the Commissioned Corps of the Public Health Service. (b) (Prohibition on Counting Service as a Cadet or Midshipman) in computing length of service for any purpose, service as a cadet or midshipman may not be credited to any of the following officers: * an officer of the Navy or Marine Corps * a commissioned officer of the Army, Air Force, or Space Force * an officer of the Coast Guard * an officer in the Commissioned Corps of the Public Health Service (c) (Service as a Cadet or Midshipman Defined) in this section, the term "service as a cadet or midshipman" means: (1) service as a cadet at the U.S. Military Academy, U.S. Air Force Academy, or U.S. Coast Guard Academy; or (2) service as a midshipman at the U.S. Naval Academy. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009091 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1