PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:               13 April 2000               
	DOCKET NUMBER:       AR2000039993

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Ms. Sherri V. Ward		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 reconsideration of the Board’s denial of his request to have his date of commission changed from 14 May 1993 to 7 April 1988.

3.  The applicant states that when he learned that he was supposed to be commissioned, he asked his unit’s personnel center to prepare an Oath of Office to effect that commissioning.  He did not learn until later that the incorrect status block was marked on his Oath of Office.  He continues that he was limited by regulation to the duties he could perform as a commissioned officer since he is a Physician’s Assistant, but he never attempted to evade duties as a commissioned officer, having performed many reenlistments, including his own brother’s reenlistment.

4.  In support of his application he submits a copy of his brother’s reenlistment which shows that the applicant administered his brother’s Oath of Office.  That reenlistment is dated 29 March 1990.

CONCLUSIONS:

1.  The applicant’s submission of a reenlistment for which he administered the Oath of Office, occurring when the applicant was a CW2, substantiates his claim that he thought he had been commissioned and was performing the duties of a commissioned officer.

2.  Since the applicant honestly thought he had taken the appropriate measures to comply with the directive to be commissioned, the Board believes it would be in the interest of justice to change his date of commission to 7 April 1988, the date he executed the Oath of Office which he believed affected his commission.

3.  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 was commissioned as a CW2, USAR, on 7 April 1988.

BOARD VOTE:  

__fne ___  ___cla___  __svw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Fred N. Eichorn_______
		        CHAIRPERSON

INDEX

CASE ID	AR2000039993	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000413	
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.	102.00	
2.		
3.		
4.		
5.		
6.