IN THE CASE OF:	  

		BOARD DATE:	        06 NOVEMBER 2008

		DOCKET NUMBER:  AR20080011375 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that her branch transfer to the Medical Service Corps (MSC) be voided.

2.  The applicant states that the only reason she accepted a reduction from captain to first lieutenant (1LT) to branch transfer was because she was told that she could attend Officers Basic Course (OBC) in October 2007 and then be considered for promotion to captain by the January 2008 selection board.  She has now been told that there was no OBC scheduled for October 2007 and the next course would be in February 2008.  She seeks the requested relief because her decision to branch transfer was based on incorrect information.

3.  The applicant provides excerpts from her military records.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that on 6 November 2006, the applicant, then a captain, submitted an application for appointment in the MSC.  In that application she stated that that she served in the U.S. Army Reserve (USAR) in an enlisted status from 17 October 1987 to 21 July 1995 and she was commissioned in the USAR on 22 July 1995.

2.  Her application was approved and as a result, the applicant was commissioned in the MSC as a 1LT on 23 July 2007.

3.  In the processing of this case an advisory opinion was obtained from the U.S. Army Recruiting Command (USAREC).  The USAREC stated that there are no grounds to void the applicant's appointment in the MSC.  The USAREC explained that the applicant should have been aware that, while information is given to officers in the processing of their applications for appointment, there could be no official guarantees.  OBC classes are often cancelled or rescheduled on fairly short notice.  The USAREC adds that the applicant had incorrectly been awarded 6 months more constructive service credit than she was entitled to receive.  The applicant was provided a copy of the advisory opinion and given the opportunity to respond.  She did not reply.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant states that she based her decision to accept an appointment in the MSC on erroneous information, she has not submitted any evidence to substantiate her contention.

2.  The applicant accepted appointment in the MSC as a 1LT.  There was no error in that appointment.

3.  In the absence of evidence of recruiter impropriety, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X_____  ____X____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _________XXX________________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20080011375





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080011375



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1