MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:           2 October 2003                   
		DOCKET NUMBER:  AR2003087568

	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	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Ms. Kathleen A. Newman		Chairperson	
	Mr. Lester Echols 		Member	
	Mr. John T. Meixell		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:  Correction to his appointment/commissioning date from 20 December to 11 August 2002, with entitlement to back pay.

APPLICANT STATES:  That he was commissioned on 11 August 2002 and drilled as a second lieutenant in the pay grade of E-4 until 20 December 2002.  In support of his request he submits a copy of his Service School Academic Evaluation Report, his Federal Recognition orders, and a memorandum of support from his battalion executive officer.

EVIDENCE OF RECORD:  The applicant's military records were not provided to the Board.  Information herein was provided from an advisory opinion from the Army National Guard (ARNG) Liaison Office, Army Reserve Personnel Command (AR-PERSCOM) and documents submitted by the applicant that show:

He completed the ARNG Officer Candidate School (OCS) effective 10 August 2002.

He was appointed in the Oregon ARNG (ORARNG) as a second lieutenant and extended Federal Recognition effective 20 December 2002.

The ARNG Liaison Officer, AR-PERSCOM, expressed the opinion that per National Guard Regulation (NGR) 600-100, chapter 2-12b, the applicant did not meet the requirements for appointment upon completion of the OCS.  Per the ORARNG, Officers Branch, the applicant attended the briefing prior to OCS and understood the requirements needed for appointment to second lieutenant on completion of OCS.  The applicant was to provide all necessary documents described in NGR 600-100, chapter 2-12 prior to OCS, he failed to provide college transcripts as proof of civilian education.  A special selection board was convened by the ORARNG on 20 December 2002.  The applicant was Federally Recognized at that time based on criteria outlined in NGR 600-100.  Based on this information, it was recommended that the application be denied.

The opinion was forwarded to the applicant for rebuttal/acknowledgement on 25 April 2003.  He did not respond.

NGR 600-100, established the policies and procedures for appointment, assignment, and temporary Federal Recognition of commissioned officers in the ARNG.  The soldier will provide a copy of the certified college transcript documenting at least the minimum semester hours earned as evidence of the highest civilian education.  A graduate of OCS applying for commission as a second lieutenant will also provide a copy of evidence indicating satisfactory completion of the course.

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

1.  In view of the circumstances in this case, the applicant is not entitled to correction to his appointment/commissioning date and back pay.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  The Board has noted his contentions; however, the applicant was not extended Federal Recognition until 20 December 2002.  Prior to the applicant being appointed as a second lieutenant he was required to submit evidence that he completed OCS and provide his college transcripts as proof of civilian education.  

3.  The Board also noted that a special selection board was convened 20 December 2002 for the applicant and he was extended Federal Recognition as a second lieutenant effective the same date.  Therefore, his initial appointment date is 20 December 2002.

4.  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.

5.  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

_JTM____  _KAN___  _LE____    DENY APPLICATION

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

INDEX

CASE ID	AR2003087568	
SUFFIX		
RECON		
DATE BOARDED	20031003	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	131.05	
3.		
4.		
5.		
6.