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

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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 Powered By Docstoc
					                                       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.
ABCMR Proceedings (cont)                                         AR2001057814

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




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ABCMR Proceedings (cont)                                       AR2001057814

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




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ABCMR Proceedings (cont)                      AR2001057814


                                      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.




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