PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  10 February 2000
	DOCKET NUMBER:   AR1999027008

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Van B. Cunningham		Chairperson	
	Mr. Kenneth L. Wright		Member	
	Mr. James P. Stueve		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that he be declared a graduate of Officer Candidate School (OCS) Class #4-97 and have his date of rank for 2nd Lieutenant and date of commission adjusted to 7 August 1997, the date of graduation for OCS Class #4-97.

3.  The applicant, then a Sergeant in the Regular Army, states that he was dismissed from OCS Class #4-97 on 6 August 1997, one day before graduation, although he met all graduation prerequisites.  An Army Regulation 15-6 investigation was later conducted and it was determined that he was wrongfully dismissed.  Subsequently, he was ordered back to Fort Benning and formally graduated from OCS with Class #2-98 on 17 April 1998 and commissioned on that day instead of on the original date of 7 August 1997.

4.  The applicant’s military records show that he enlisted in the Regular Army on 15 June 1989 and rose to the rank of E-6 on 1 May 1997.  He was selected for attendance at OCS Class #4-97.  One day prior to graduation and commissioning on 7 August 1997, he was dismissed from OCS for misconduct, fraternization with a female OCS student.  An AR 15-6 investigation into the dismissal was conducted from 27 October 1997 to 9 December 1997.  The investigation found that the applicant was not guilty of the suspected misconduct and that he had been unjustly dismissed.  He was ordered back to Fort Benning in April 1998 and graduated and commissioned with OCS Class #2-98 on 17 April 1998.  His date of rank as a 2nd Lieutenant is 17 April 1998.  He was promoted to 1st Lieutenant on 16 October 1999.  He is an engineer officer.

5.  In an advisory opinion, the Engineer Branch, US Army Personnel Command (PERSCOM), concurs with correcting the applicant’s commissioning date and date of rank to 7 August 1997 as a matter of justice.  The applicant concurs with this opinion.

CONCLUSIONS:

1.  The applicant was unjustly dismissed from OCS Class #4-97 and unjustly denied commissioning on 7 August 1997 by OCS administrative error.  As a matter of justice, the applicant should not be penalized by the OCS administrative error and should have his commissioning date corrected to 
7 August 1997 with commensurate adjustments to his dates of rank and declared a graduate of OCS Class #4-97.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected for the individual concerned by:

	a.  showing that he was graduated from OCS Class #4-97, 7 August 1997;

	b.  showing that he was commissioned an Army officer on 7 August 1997;

	c.  showing that his date of rank for 2nd Lieutenant, O-1, is 7 August 1997 and that his date of rank for 1st Lieutenant, O-2, is 6 February 1999;

	d. adjusting his pay accordingly; and

e.  showing that he was discharged as an enlisted member on 6 August 1997 for the period of service that began 15 June 1989, to accept commission in the Army.

BOARD VOTE:  

__VC____  __KW___  __JS__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__ Van B. Cunningham ____
		        CHAIRPERSON

INDEX

CASE ID	AR1999027008	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/02/10	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.102.07	Date of Rank	
2.		
3.		
4.		
5.		
6.