MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 January 2001
	DOCKET NUMBER:   AR2000040950

	I certify that hereinafter is recorded the record of consideration 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:

	Ms. June Hajjar 		Chairperson	
	Mr. Lester Echols 		Member	
	Ms. Karen A. Heinz 		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  That her DA Form 71, Oath of Office - Military Personnel, be corrected to reflect that she executed her oath of office on 31 March 1993 vice 26 May 1993.

APPLICANT STATES:  In effect, that she made application for direct appointment as an officer in the Veterinary Corps (VC) on 15 February 1993.  She states that she was notified that she had been accepted during the week of 27 March 1993, at which time she contends that she should have executed her DA Form 71.  She adds that her recruiter failed to attend to this detail and a local Reserve Officers' Training Corps instructor had to administer the oath of office on 26 May 1993, the day before she departed for Fort Sam Houston, Texas.

EVIDENCE OF RECORD:  The applicant's military records show:

She is a Major (VC) serving on active duty.  On 15 February 1993, while completing her studies for a Doctor of Veterinary Medicine degree at the University of Wisconsin, she made application for a direct appointment as an officer in the Veterinary Corps.  Her application was approved by the US Army Health Professional Support Agency on 7 April 1993 and forwarded to the US Total Army Personnel Command (PERSCOM) for issuance of an appointment letter, oath, and active duty orders.

On 14 May 1993, PERSCOM issued the applicant a memorandum of appointment and a DA Form 71.  Orders were also issued (Orders A-05-003764) ordering the applicant to active duty at the US Army Medical Department and School, Fort Sam Houston, Texas, with temporary duty enroute.  Her reporting date was established as 13 June 1993.

On 26 May 1993, the applicant accepted her appointment and was administered the oath of office at Madison, Wisconsin.  Her DA Form 71 reflects this date, as does her date of acceptance on her 14 May 1993 letter of appointment from PERSCOM.

Army Regulation 135-100, Appointment of Commissioned and Warrant Officers of the Army, prescribes policy and procedures for the appointment of commissioned and warrant officers in the Army National Guard of the United States (ARNGUS) and the United States Army Reserve (USAR).  It states, in pertinent part, that on approval of an application, the appointing authority will issue and send to each appointee, a memorandum of appointment, a DA Form 71, and active duty orders (if appropriate).  Acceptance of the appointment must be received within 90 days or as otherwise prescribed.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The applicant's memorandum of appointment was issued by PERSCOM on 14 May 1993; she could not have executed her oath of office prior to that date, but was required to accept or reject the appointment within 90 days of that date.  She accepted the appointment on 26 May 1993.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__jh____  __le_____  __kah____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000040950	
SUFFIX		
RECON		
DATE BOARDED	20010125	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	102.0100	
2.		
3.		
4.		
5.		
6.