IN THE CASE OF:  	  

		BOARD DATE:  1 September 2015	  

		DOCKET NUMBER:  AR20150005626 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his record to show his date of appointment/commission, date of rank, and effective date as 11 March 2015.

2.  The applicant states that on 4 March 2015, all in-service graduates of Officer Candidate School (OCS) Class 003-15 were informed that the scroll from the Secretary of Defense for their appointments as officers had not yet been produced.  He completed OCS and was sworn in on 5 March 2015 with the rest of Class 003-15.  The Secretary of Defense scroll was issued with a date of 11 March 2015, rendering his original oath/appointment invalid.  The applicant did not receive definitive information on the status of the scroll until 19 March 2015, at which point he executed another oath of office.

3.  The applicant provides:

* Secretary of Defense Scroll
* Appointment memorandum
* DA Form 71 (Oath of Office – Military Personnel)
* Orders

CONSIDERATION OF EVIDENCE:

1.  Having prior enlisted service, the applicant graduated from OCS on 
5 March 2015.

2.  On 5 March 2015, the Adjutant General U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Benning, Directorate of Human Resources, Fort Benning, GA, rendered a memorandum addressed to the applicant, subject:  Appointment as a Commissioned Officer in the Regular Army under Section 531, 532, 533, 2104, 2106, and 2107, Title 10, United States Code (USC).  The Adjutant General informed the applicant that by order of the Secretary of Defense, he was appointed a Regular Army commissioned officer in the U.S. Army, effective 5 March 2015 in the rank/pay grade of second lieutenant (2LT)/O-1.  He further advised the applicant that his execution of a DA Form 71 would constitute his acceptance of appointment.

3.  Secretary of Defense Scroll, dated 11 March 2015, shows the applicant was appointed as a 2LT/O-1 in the Regular Army under Title 10, USC.

4.  Headquarters, U.S. Army Maneuver Center of Excellence, Fort Benning, GA, Orders 15083-57, dated 24 March 2015, show the applicant was assigned to the U.S. Army Transition Point, Fort Benning, GA, to be processed for discharge effective 10 March 2015.

5.  Headquarters, U.S. Army Maneuver Center of Excellence, Fort Benning, GA, Orders 15083-76, dated 24 March 2015, show the applicant was discharged on 10 March 2015 for the purpose of accepting a commission in the U.S. Army.

6.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged from the Regular Army in the rank/pay grade of sergeant/E-5 on 18 March 2015 for the purpose of accepting a commission or warrant in the Army.

7.  On 19 March 2015, the Adjutant General, U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Benning, Directorate of Human Resources, Fort Benning, GA, rendered a memorandum addressed to the applicant, subject:  Appointment as a Commissioned Officer in the Regular Army under Section 531, 532, 533, 2104, 2106, and 2107, Title 10 USC.  The Adjutant General informed the applicant that by order of the Secretary of Defense, he was appointed a Regular Army commissioned officer in the U.S. Army, effective 19 March 2015 in the grade of second lieutenant.  He further advised the applicant that his execution of a DA Form 71 would constitute his acceptance of appointment.

8.  On 19 March 2015, the applicant executed a DA Form 71 indicating his acceptance of appointment/commission as a 2LT/O-1 in the Regular Army.

9.  Headquarters, U.S. Army Maneuver Center of Excellence, Fort Benning, GA, Orders 15083-39, dated 24 March 2015, show the applicant was ordered to active duty in the rank/pay grade of 2LT/O-1 for a period of 3 years.  These orders further show the applicant's effective date of commission as 11 March 2015.

10.  On 7 May 2015, an advisory opinion was rendered by the Chief, Officer Accessions Branch, U.S. Army Human Resources Command (USAHRC), Fort Knox, KY, wherein he recommended granting the applicant's requested relief.  The advisory official stated the action for resolution of this case falls partially within their area of responsibility.  The applicant was accessed as an officer based upon his DD Form 214 which shows his enlisted separation date as 18 March 2015.  His Oath of Office was executed the following day, 19 March 2015. His request to have his DOR corrected to reflect the 11 March 2015 scroll confirmation is valid.  However, the following corrections will be required before the DOR can be adjusted:

	a.  USAHRC, Enlisted Personnel Branch must correct the DD Form 214 to reflect a 10 March 2015 separation date.

	b.  Fort Benning must revoke or amend any order reflecting a 19 March 2015 commission effective date.

	c.  The Office of The Adjutant General must update systems to reflect the 11 March 2015 DOR.

	d.  Lastly, the Officer Accessions Branch would amend the applicant's Regular Army appointment order.

11.  On 26 June 2015, the applicant was provided a copy of the advisory opinion and afforded an opportunity to render a response.  He did not respond within the time allotted.

DISCUSSION AND CONCLUSIONS:

1.  Evidence clearly shows the applicant was initially erroneously appointed/commissioned as a 2LT/O-1 on 5 March 2015, prior to the Secretary of Defense's approval of the scroll upon which he appeared.

2.  Evidence also clearly shows that following the Secretary of Defense's approval of the scroll on 11 March 2015, the applicant's discharge date was erroneously delayed to 18 March 2015, and his appointment/commission date was erroneously changed from 5 to 19 March 2015 in order to coincide with his discharge from enlisted status.

3.  In view of the foregoing, the applicant's record should be corrected to show he was appointed/commissioned in the Regular Army as a 2LT/O-1 with an effective date and DOR of 11 March 2015 in accordance with the date his scroll was approved by the Secretary of Defense.  Corrective action should be taken as described below.  Additionally, the applicant should be paid any retroactive pay to which he is entitled as a result of this correction.

BOARD VOTE:

____X___  ____X___  ____X___ GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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:  

	a.  amending his DD Form 214 for the period ending 18 March 2015 to reflect a 10 March 2015 separation date;

	b.  the Adjutant General, Fort Benning, GA revoking or amending any order reflecting a 19 March 2015 appointment/commission effective date and issuing an appointment memorandum showing his appointment/commission effective 11 March 2015 to supersede the appointment memorandum, dated 19 March 2015;

	c.  the Office of The Adjutant General of the Army updating systems to reflect the 11 March 2015 DOR;

	d.  the Officer Accessions Branch, USAHRC amending the applicant's Regular Army appointment order; and

	e.  the Defense Finance and Accounting Service paying the applicant any retroactive pay to which he is entitled as a result of this correction.



      ____________X____________
                  CHAIRPERSON
      
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.



ABCMR Record of Proceedings (cont)                                         AR20150005626





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