PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           19 September 2000
	DOCKET NUMBER:   AR2000038849

	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. Carl W. S. Chun		Director	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Hubert O. Fry Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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 the date of his enlistment in the Regular Army be changed from 22 December 1999 to 21 December 1999.

3.  The applicant states that he was a staff sergeant in the United States Marine Corps (USMC) and effected an inter-service transfer to the Army in order to attend Warrant Officer Flight Training (WOFT).  Everything was supposedly arranged so that he would not have a break in service, but when he arrived at the Military Entrance Processing Station (MEPS), medical personnel required him to take a complete physical examination which delayed his enlistment by 1 day.  This caused a break in service and has adversely impacted certain benefits (leave, dislocation allowance, etc.).

4.  In support of his application, the applicant submitted the following:  a personal statement dated12 January 2000; a 22 February 2000 memorandum from the Warrant Officer Career Center supporting his request and indicating that, through no fault of the applicant, he lost his leave balance; a 20 January 2000 sworn statement from the acting commander of the MEPS at the time the applicant was entered into the Army and stating that the MEPS medical section unnecessarily required the applicant to take a physical thereby causing a delay in his enlistment; an 11 January 2000 sworn statement from the warrant officer recruiter at Headquarters, US Army Recruiting Command (USAREC) explaining how USAREC tried to explain to the MEPS medical section that the applicant did not require a physical examination; a 10 February 2000 sworn statement from a sergeant first class at the MEPS indicating how she tried to tell the MEPS medical section that the applicant did not require a physical; a copy of the applicant's enlistment paperwork (DD Form 4/1&2, Enlistment/Reenlistment Document, DD Form 1966/1,2&3, Record of Military Processing, DA Form 3286-64/65/67, Statement for Enlistment, USAREC Form 1127, Supplement to DA Form 3286-67, USAREC Form 978, Statement of Understanding, USMEPCOM Form 40-8-11 Exception to Policy) all showing that he was to separate from the USMC on 20 December 1999 and enlist in the Army on 21 December 1999; an E-Mail Message, dated 22 December 1999 3:38PM, requesting that the applicant be transferred immediately from the MEPS to Fort Rucker, Alabama for WOFT; a copy of the applicant's DD Form 214, Certificate of Release or Discharge From Active Duty, showing his separation from the USMC on 20 December 1999; a copy of DA Form 1506, Statement of Service - For Computation of Length of Service for Pay Purposes; a copy of a 15 November 1999 message from Headquarters, US Total Army Personnel Command (PERSCOM) to the applicant stating "Physical exam . . . by MEPS not required."; a copy of DA Form 2142, Pay Inquiry, in which the applicant requests that his leave balance be restored [this was denied due to a 24-hour break in service].

5.  The applicant’s military records show that he was a staff sergeant in the USMC who, in 1999, sought to enlist in the Regular Army in order to become a Warrant Officer aviator.  All of his enlistment paperwork from USAREC and instructions from PERSCOM state that he would be enlisted in the Army on 21 December 1999 without a break in service and that he did not require an entrance physical examination.  He was discharged from the USMC at Pensacola, Florida on 20 December 1999 and reported to the MEPS at Montgomery, Alabama on 21 December 1999 to enlist for WOFT.

6.  At the MEPS, the medical section demanded that the applicant take a complete physical examination which meant that he could not be enlisted on 21 December 1999.  The applicant tried to explain that he did not require a physical, but the medical section was adamant.  He was enlisted on 22 December 1999 with a 1-day break in service.

7.  In the processing of this case, an advisory opinion was obtained from the Office of the Deputy Chief of Staff for Personnel (ODCSPER) which states 
". . . there would be no reason to transfer leave balance from the Marine Corp [sic] to the Army.  Any leave should have been paid to the service member when discharged by the Marine Corp [sic]."  The applicant was provided an opportunity to respond to the advisory opinion and reiterated his basic argument that the entire enlistment was to be completed without a break in service.

CONCLUSIONS:

1.  When the applicant inquired about becoming an Army aviator, he was assured, in writing, by USAREC and PERSCOM that he could do so without a break in service.  All of his enlistment documents state that he would be discharged from the USMC on 20 December 1999 and enlisted in the Army on 21 December 1999.

2.  When he arrived at the MEPS, medical personnel told the applicant that he required a complete physical examination and would not listen to him or MEPS operations personnel who tried to explain that he did not require a physical and had to be enlisted on 21 December 1999.  He was not enlisted until 22 December 1999 when his physical was completed.

3.  The acting MEPS commander, in a sworn statement, indicated that the applicant was unnecessarily subjected to a complete physical examination, including the collection of laboratory specimens.  He stated that this occurred because field recruiters improperly coded his enlistment paperwork to require a full physical.  He added that by the time he (acting commander) became aware of the situation, it was too late to stop the medical processing.

4.  The 1-day delay in enlisting the applicant has caused him to lose his accrued leave balance and to be denied other entitlements.  This occurred through no fault of the applicant.

5.  The ODCSPER advisory opinion does not address the applicant's central issue, that of his 1-day break in service.  The opinion merely states the USMC should have paid any accrued leave balance upon the applicant's discharge.

6.  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 by showing that the individual concerned enlisted in the Regular Army on 21 December 1999 and by restoring his accrued leave balance and any other entitlements to which he may be entitled.

BOARD VOTE:  

__hof____  ___jpi___  __rks___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Hubert O. Fry Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR2000038849	
SUFFIX		
RECON		
DATE BOARDED	20000919	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	112.0500	
2.		
3.		
4.		
5.		
6.