PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:         12 September 2000
	DOCKET NUMBER:  AR2000041824

	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	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Fred Eichorn		Member	
	Ms. Carol Jo Suiter		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, in effect, that item 1 on his DA Form 
71 (Oath of Office Military Personnel) be corrected to show that he was commissioned as a warrant officer effective 3 June 1987.

3.  The applicant states that his DA Form 71 fails to show that he was taking the oath to become a commissioned warrant officer.  He submits a 20 March 1987, memorandum from the Department of the Army, United States Army Regional Personnel Center, Nurenberg, Germany, Orders #2-40 from the Department of the Army, US Army Military Personnel Center, Alexandria Virginia, dated 7 January 1985, a DA Form 71 (Oath of Office Military Personnel) and a DA Form 
4037 (Officer Record Brief).   

4.  His DA Form 71 shows that he was appointed a Reserve Warrant Officer in the Army of the United States in pay grade CW3 with a permanent date of rank (DOR) of 12 June 1986.  On 3 June 1987, he took the sworn oath of office.  However, the Reserve Warrant Officer block is checked on his DA Form 71.

5.  In connection with his application, the Total Army Personnel Command 
(PERSCOM) opined in essence that the commissioning of warrant officers was first accomplished early in 1987 and that there was a considerable amount of confusion in the field as to which “blocks” on the DA Form 71 were to be correctly annotated.  Even though the block is not clearly marked to indicate his acceptance for Commissioned Warrant Officer status, the DA Form 71 listed in paragraph 
1 logically applies to the situation, since there is no other scenario which could explain the purpose of the oath.  Therefore, PERSCOM recommended that the appropriate block on the applicant’s DA Form 71 be annotated to show that he was a Reserve Commissioned Officer effective 3 June 1987, with the rank of CW3 and a permanent DOR of 12 June 1986.

6.  This opinion was referred to the applicant for comment, but he failed to respond.

CONCLUSIONS:

1.	The evidence of record shows the applicant is entitled to have his DA Form 
71 corrected to show that on 3 June 1987, he was appointed as a Reserve Commissioned Officer vice the current entry of Reserve Warrant Officer.  His rank would remain as CW3 with a permanent DOR of 12 June 1986.

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 by annotating his DA Form 71 issued on 3 June 1987 to show that he was appointed as a Reserve Commissioned Officer with a permanent DOR of 12 June 1986 as a CW3. 

BOARD VOTE:

__cmf___  __fe_____ __cjs____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Calvin M. Fowler___
		        CHAIRPERSON

INDEX

CASE ID	AR2000041824	
SUFFIX		
RECON		
DATE BOARDED	20000912	
TYPE OF DISCHARGE	(ACTIVE DUTY STATUS)	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY	ASA	
ISSUES         1.	102.0600	
2.		
3.		
4.		
5.		
6.