IN THE CASE OF:  	  

		BOARD DATE:  23 July 2015	  

		DOCKET NUMBER:  AR20150005637 


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 her date of rank to second lieutenant.

2.  The applicant states her date of rank should be 11 March 2015, the day the scroll was signed by the Secretary of Defense appointing her as a second lieutenant in the Regular Army.  

3.  The applicant provides copies of – 

* Secretary of Defense Appointment Scroll, dated 11 March 2015
* Oath of Office, dated 19 March 2019
* Release from Attachment Orders and Discharge orders, effective 10 March 2015
* orders to active duty, effective 11 March 2015

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 23 November 2010 for a 3-year period in the pay grade of E-4.  She reenlisted on 20 June 2013 for another 3-year period.  

2.  Orders 15083-87 issued by Headquarters, U.S. Army Maneuver Center of Excellence, Fort Benning, GA on 24 March 2015 discharged her from the RA effective 10 March 2015 to accept an appointment as a commissioned officer in the RA.  Her official military personnel file (OMPF) contains two orders identified as "Orders 15083-87" issued by the same command.  The second order shows her effective date of discharge as 18 March 2015.

3.  Orders 15083-50 issued by Headquarters, U.S. Army Maneuver Center of Excellence, Fort Benning, GA on 24 March 2015 ordered the applicant to active duty effective date of 11 March 2015 for a 3-year obligated active duty tour in the rank of second lieutenant.  In the additional instructions of this order it states, "Effective date of the commission is 11 March 2015."

4.  On 18 March 2015, she was discharged from the RA and issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) that shows the separation authority as Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) paragraph 16-1a with the narrative reason for separation to accept a commission or warrant officer appointment in the Army.  She had served 4 years, 3 months and 18 days of active service during her enlisted period of service. 

5.  On 19 March 2015, she executed and signed a DA Form 71 (Oath of Office – Military Personnel) in the RA in the Chemical Corps as a second lieutenant.  

6.  Order 11-1-A-47 issued by U.S. Army Human Resources Command (HRC), Fort Knox, KY on 27 March 2015 appointed the applicant in the RA.  This order was administratively corrected to show her Officer Candidate School Year of Graduation as 2015 vice 2013.

7.  To support her application, the applicant provided a scroll statement signed by the Secretary of Defense appointing her as a second lieutenant in the Regular Army effective 11 March 2015.  

8.  During the processing of this case an advisory opinion was obtained from the HRC).  The Chief, Officer Accessions Branch recommended approval of the applicant’s request and noted that the following corrections were required:

* amend or revoke the duplicate Orders 15083-87 issued by Fort Benning that show her date of discharge as 18 March 2015
* correct her DD Form 214 discharging her from enlisted status to show her discharge effective date as 10 March 2015, the date before she was scrolled, and accordingly adjust her dates of service
* Order 11-1-A-47 (commission order) should be amended to show her date of rank as 11 March 2015 
* her date of rank should be changed to 11 March 2015 in all electronic personnel and finance systems

9.  The advisory opinion was forwarded to the applicant for her consideration.  She did not respond.

10.  Army Regulation 632-200 prescribes the policy and procedures for administratively discharging enlisted personnel.  Paragraph 16-1a states that Soldiers may be discharged from their current enlistment contract for the purpose of being ordered to active duty as a commissioned or warrant officer in any branch of the Armed Forces.  Before discharge, the separation authority must have documentary evidence from the proper authority to show the Soldier will be ordered to active duty.  The discharge date will be effective the day preceding the date of entry on duty as a commissioned or warrant officer. 

11.  Army Regulation 601-100 (Appointment of Commissioned and Warrant Officers in the Regular Army) prescribes policy, eligibility requirements and administrative procedures for the appointment of commissioned and warrant officers in the RA.  The President delegated his authority to make original appointments in the RA in the grade of second lieutenant, first lieutenant and captain to the Secretary of Defense.  When applicants seeking a commission have received the Secretary of Defense approval, the appointee's names will be announced in RA appointment orders published by HRC and transmitted electronically to the relevant Army Commands.  The appointee will execute an Oath of Office.  Officer Candidate School commissioned graduates incur a 3-year active duty service obligation. 

DISCUSSION AND CONCLUSIONS:

The applicant believes that her date of rank should be 11 March 2015, the date the scroll was signed by the Secretary of Defense.  The applicant's request has merit and is supported by HRC’s Chief, Officer Accessions Branch.  Therefore, the applicant's date of rank to second lieutenant in the Regular Army is 11 March 2015 and her date of discharge from enlisted status by regulation is one day prior.  As such, her date of separation should be 10 March 2015 and all documents and electronic data systems should be adjusted accordingly to reflect these dates.  If these corrections result in corrections to her pay record, she should be appropriately paid. 



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 – 

* amend or revoke the duplicate Orders 15083-87 issued by Fort Benning that show her date of discharge as 18 March 2015 
* correct her DD Form 214 discharging her from enlisted status to show her discharge effective date as 10 March 2015, the date before she was scrolled, and accordingly adjust her dates of service
* Order 11-1-A-47 (commission order) should be amended to show her date of rank as 11 March 2015 
* her date of rank should be changed to 11 March 2015 in all electronic personnel and finance systems
* pay her any monies that flow from 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)                                         AR20150005637



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ABCMR Record of Proceedings (cont)                                         AR20150005637



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