ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  28 October 2019

	DOCKET NUMBER:  AR20190002768


APPLICANT REQUESTS: the removal of the DA Form 71 (Oath of Office - Military 
Personnel) dated 29 August 2016 from her official military personnel file (OMPF). 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record) 
*	Email from U.S. Army Human Resources Command (AHRC) to applicant 
*	DA Form 71, dated 28 August 2016
*	DA Form 71, dated 29 August 2016

FACTS:

1.  The applicant states there are two DA Forms 71 in her OMPF and the incorrect 
one, dated 29 August 2016, needs to be removed from her records.

2.  The applicant accepted an appointment in the United States Army Reserve as a 
second lieutenant in the Army Nurse Corps.    

3.  Orders 179-006, issued by Headquarters, United States Army Cadet Command, 
dated 27 June 2016 ordered her to active duty to attend the Army Nurse Corps 
Basic Officer Leader Course (BOLC) from 28 August 2016 to 27 October 2016, 
effective upon her acceptance of appointment at Fort Sam Houston, TX.  It further 
showed her date of appointment as 15 May 2016 and that she would enter active 
duty on 28 August 2016.  These orders were amended to show her leader course 
with an ending date of 4 November 2016. 

4.  DA Form 71 shows she executed her Oath of Office as a second lieutenant in the 
Army Nurse Corps in the Regular Army at Fort Sam Houston, TX, dated 28 August 
2016.  This form is typed and is located in her OMPF.

5.  The applicant provides and her record contains a DA Form 71, where she 
executed another Oath of Office on 29 August 2016 at Fort Sam Houston, TX.  This 
form is hand-written. 

6.  DA Form 1059 (Service School Academic Evaluation Report), dated 4 November 
2016 shows she successfully completed her BOLC from 29 August 2016 through  
4 November 2016.  

7.  In a phone conversation on 8 October 2019 with her branch manager at AHRC, it 
was stated that her date of appointment on active duty was 28 August 2016 and only 
an exact duplicate could be removed by them; otherwise, it had to be an action 
completed by the Army Review Boards Agency (ARBA).  

8.  The applicant provides an email from AHRC stating unless it was an exact 
duplicate document any removal request had to go to ARBA. 

9.  Army Regulation 600-8-104 (Army Military Human Resource Record 
Management) prescribes the policies and mandated operating tasks for the Military 
Personnel Information Management/Records Program of the Military Personnel 
System.  It provides detailed guidance and instructions with regard to the initiation, 
composition, maintenance, changing, access to, and transfer of the OMPF.  It states 
that once a document is placed in the OMPF it becomes a permanent part of that file 
and will not be removed from that file or moved to another part of the file unless 
directed by the proper authorities listed in the regulation.  


BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the 
requested relief is warranted.  The evidence confirms the applicant took the Oath of 
Office on 28 August 2016, the date she was appointed as an officer in the Regular 
Army.  The Oath of Office dated 29 August 2016 should be removed from her 
OMPF.  


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:XX	:XX	:XX	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department 
of the Army records of the individual concerned be corrected by removing from her 
Official Military Personnel File the DA Form 17 (Oath of Office – Military Personnel) 
dated 29 August 2016.  

	  
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.


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or 
injustice.  This provision of law also allows the ABCMR to excuse an applicant's 
failure to timely file within the three-year statute of limitations if the ABCMR 
determines it would be in the interest of justice to do so.

2.  Army Regulation 600-8-104 (Army Military Human Resource Record 
Management) prescribes the policies and mandated operating tasks for the Military 
Personnel Information Management/Records Program of the Military Personnel 
System.

     a.  It provides detailed guidance and instructions with regard to the initiation, 
composition, maintenance, changing, access to, and transfer of the OMPF. It states 
that once a document is placed in the OMPF it becomes a permanent part of that file 
and will not be removed from that file or moved to another part of the file unless 
directed by the proper authorities listed in the regulation.

     b.  The Army Board for Correction of Military Records has the authority and may 
direct the removal or movement of documents filed in the OMPF in the interest of 
justice or equity.

// NOTHING FOLLOWS //

ABCMR Record of Proceedings (cont)	 AR20190002768
	
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