PROCEEDINGS

	IN THE CASE OF:      
.

	BOARD DATE:           5 February 2002                           
	DOCKET NUMBER:   AR2001057814

	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:

	Ms. June Hajjar		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Roger W. Able		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 his commissioning date and date of rank as a second lieutenant be adjusted from 8 January 2000 to the date of his graduation from the Texas Army National Guard (TXARNG) Officer Candidate School (OCS) on 7 August 1999.

3.  The applicant states that he graduated from OCS on 7 August 1999, however, he was not commissioned until 8 January 2000 because the pre-OCS physical examination that he received from TXARNG Camp Mabry was not accepted and, due to being actively involved in OCS training, a new physical examination could not be rescheduled until 8 September 1999, a month after his OCS class graduated and was commissioned on 7 August 1999.  In support of his request, the applicant provided:  Standard Forms 88 (Report of Medical Examination), dated 11 April 1999 and 8 September 1999; Orders Number 013-242, State of Texas Adjutant General's Department, Austin, Texas, appointing him a second lieutenant effective 8 January 2000; and a 27 November 2001 memorandum from B Company (OCS), 136th Regiment (Combat Arms), TXARNG, supporting his request to adjust his date of rank to 7 August 1999.

4.  The applicant’s military records show that, prior to the period of service under review, he honorably completed 5 years, 11 months, and 24 days of active military service.  He achieved the rank of sergeant, pay grade E-5.

5.  The evidence available shows that, on 11 April 1999, the applicant received a medical examination at Camp Mabry, Texas; that he entered the TXARNG OCS program and completed same on 7 August 1999; and that, on 8 September 1999, the applicant received a second medical examination from the Military Enlistment Processing Station (MEPS), San Antonio, Texas.  He was subsequently appointed a second lieutenant effective 8 January 2000; the reason for any delay beyond 8 September 1999 is unknown.

6.  The 27 November 2001 memorandum from the TXARNG OCS program supports the applicant's contention that he completed the OCS program for the State of Texas on 7 August 1999, but was not commissioned on 7 August 1999 with the rest of his class due to an invalid medical examination [the examination was performed by a TXARNG facility and not an active duty installation.

CONCLUSIONS:

1.  The applicant was denied the opportunity to be commissioned on 7 August 1999 due to an invalid medical examination that appears to have been the result of misinformation at the time the examination was given.  The applicant should 

have been informed of the requirement for a medical examination from an active duty facility when he originally scheduled his examination.  Furthermore, he should have been advised in a timely manner that his 11 April 1999 examination was invalid and provided the opportunity to obtain a valid examination well enough in advance of his graduation to enable him to be commissioned with his class.

2.  The applicant completed the commissioning course offered by the TXARNG OCS program on 7 August 1999.  Through no fault of the applicant, he was not commissioned with his classmates on 7 August 1999 and had to wait until 8 January 2000.  It is unjust that his career in the ARNG will not progress at the same time frame as his OCS classmates.

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 adjusting the date of rank of the individual concerned to show that he was appointed a second lieutenant in the TXARNG effective 7 August 1999.

BOARD VOTE:  

__JH  ___  __KAK__  ___RWA_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__     _June Hajjar____
		        CHAIRPERSON

INDEX

CASE ID	AR2001057814	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020205	
TYPE OF DISCHARGE	NA	
DATE OF DISCHARGE	NA	
DISCHARGE AUTHORITY		
DISCHARGE REASON	N/A	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	102.0000	
2.		
3.		
4.		
5.		
6.