RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           20 May 2004
      DOCKET NUMBER:   AR20040000277


      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             |
|     |Mr. Michael J. Fowler             |     |Analyst              |

  The following members, a quorum, were present:

|     |Mr. Fred N. Eichorn               |     |Chairperson          |
|     |Mr. John N. Slone                 |     |Member               |
|     |Mr. Robert J. Osborn, II          |     |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).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his Louisiana Army National
Guard (LAARNG) Federal Recognition order be corrected to show the effective
date of 25 August 2002.

2.  The applicant states he was initially appointed as a second lieutenant
on
25 August 2002 and that his initial Federal Recognition packet was never
processed by the National Guard Bureau (NGB).

3.  The applicant further states that due to administrative delays by his
State, his Federal Recognition packet was not properly completed in a
timely manner.

3.  The applicant provides a NGB Form 337 (Oath of Office), dated 25 August
2002; a NGB Form 89 (Proceedings of a Federal Recognition Examination
Board), dated 18 July 2002; a NGB Form 337, dated 20 October 2003; a NGB
Form 89, dated 20 October 2003; and NGB Special Orders 312 AR, dated
10 December 2003.

CONSIDERATION OF EVIDENCE:

1.  On 18 July 2002, a Federal Recognition Board was held by the LAARNG to
determine if the applicant was qualified to be awarded Federal Recognition.
 The proceedings indicated that the applicant met physical, moral character
and general qualifications required for Federal Recognition.

2  On 25 August 2002, the applicant executed an Oath of Office as a second
lieutenant in the LAARNG and was granted temporary Federal Recognition.

3.  There is no evidence that the applicant was awarded permanent Federal
Recognition by the National Guard Bureau based on the results of the
18 July 2002 LAARNG Federal Recognition Board.

4.  On 20 October 2003, a second Federal Recognition Board was held by the
LAARNG to determine if the applicant was qualified to be awarded Federal
Recognition.  The proceedings indicated that the applicant met physical,
moral character and general qualifications required for Federal
Recognition.

5.  On 20 October 2003, the applicant executed a second Oath of Office as a
second lieutenant in the LAARNG and was granted temporary Federal
Recognition.

6.  National Guard Bureau Federal Recognition Orders Number 312 AR, dated
10 December 2003, awarded the applicant permanent Federal Recognition for
initial appointment to the grade of second lieutenant effective 20 October
2003.

7.  NGR 600-100 provides procedures for processing all applications for
Federal Recognition.  Paragraph 2-1 states that commissioned officers of
the ARNG are appointed by the several States under Article 1, Section 8 of
the U. S. Constitution.  These appointments may be federally recognized by
the Chief, NGB under such regulations as the Secretary of the Army may
prescribe and under the provisions of this regulation.  Officers who are
federally recognized in a particular grade and branch shall be tendered an
appointment in the same grade as Reserve commissioned officers of the Army
with assignment to the Army National Guard of the United States if they
have not already accepted such appointment.

8.  NGR 600-100, paragraph 2-2 states that the effective date of Federal
Recognition for original appointment is that date on which the commissioned
officer executes the oath of office in the State.  Paragraph 2-3a states
that temporary Federal Recognition upon initial appointment establishes the
authorized grade to be used by all officers in their federally recognized
status.
15.  NGR 600-100, paragraph 2-13 states that temporary Federal Recognition
may be extended to an officer who has been appointed in the ARNG of a State
and found to be qualified by an FRB pending final determination of
eligibility and
appointment as a Reserve commissioned officer of the Army.  If not sooner
withdrawn or replaced by the granting of permanent Federal Recognition,
temporary Federal Recognition will automatically terminate six months after
the effective date of State appointment.  However, should the initial
period of temporary Federal Recognition expire due to administrative
processing delays, through no fault of the member, a subsequent FRB should
be convened to
consider the request again and grant another new period of temporary
Federal Recognition if warranted.

9.  NGR 600-100, paragraph 10-15b states that temporary Federal Recognition
may be granted by an FRB to those eligible when the board finds that the
member has successfully passed the examination prescribed herein, has
subscribed to the oath of office, and has been appointed by a State order
for assignment to a position vacancy in a federally recognized unit of the
ARNG.  The FRB will forward the NGB Form 89 and allied documents to The
Adjutant General.  When the member is favorably recommended, The Adjutant
General will endorse the packet to the NGB.  If the member meets the
qualifications and requirements for Federal Recognition, the Chief, NGB
extends permanent Federal Recognition to the member in the grade and branch
in which the member is qualified.

DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant was granted temporary Federal
Recognition effective 25 August 2002 upon his initial appointment in the
LAARNG as a second lieutenant.  At that time, his Federal Recognition
packet and allied

documents should have been forwarded to the Adjutant General of the State
of Louisiana for endorsement to the National Guard Bureau for extension of
permanent Federal Recognition.  Through no fault of the applicant, this
action was not taken.

2.  Subsequently, the applicant's Federal Recognition packet was considered
by another LAARNG Federal Recognition Board.  Based on the recommendations
of the LAIARNG Federal Recognition Board, the National Guard Bureau issued
orders awarding the applicant permanent Federal Recognition effective
20 October 2003.

3.  From the foregoing, it is clear that an administrative error denied the
applicant Federal Recognition effective 25 August 2002.  Based on
applicable law and regulation the applicant is entitled to have Federal
Recognition Order Number 312 AR amended to show the effective date of
permanent Federal Recognition in the grade of second lieutenant is 25
August 2002.

BOARD VOTE:

_JNS___  _FE__ __  _RJO____  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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
amending Federal Recognition Order Number 312 AR to show that he was
extended Federal Recognition effective 25 August 2002.




                __John N. Slone______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040000277                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/05/20                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |