RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 8 January 2004
         DOCKET NUMBER: AR2003087531


         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
Mrs. Nancy L. Amos		Analyst

The following members, a quorum, were present:

Ms. Kathleen A. Newman		Chairperson
Mr. John T. Meixell		Member
Ms. Linda M. Barker		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).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests that the date of his Federal recognition be corrected to show he was granted Federal recognition on 24 January 2001.

2. The applicant states that he was approved for and granted Federal recognition on 24 January 2001. However, the National Guard Bureau (NGB) indicated that they did not receive his initial appointment packet. His packet went before another Federal Recognition Board (FRB) on 15 January 2003 and he was approved for a second time.

3. The applicant provides his initial appointment order in the Army National Guard (ARNG); his oath of office as a National Guard officer; a DA Form 1059 (Service School Academic Evaluation Report); a Tennessee ARNG (TNARNG), Office of the Senior Army Adviser memorandum dated 18 January 2001 appointing an FRB with attached NGB Form 89 (Proceedings of a Federal Recognition Examining Board) dated 24 January 2001; a TNARNG, Office of the Senior Army Adviser memorandum dated 13 January 2003 appointing an FRB with attached NGB Form 89 dated 15 January 2003; a Headquarters, TNARNG memorandum dated 22 January 2003; and NGB Special Orders Number 283 dated 7 November 2003 announcing the applicant's Federal recognition in the ARNG for initial appointment.

CONSIDERATION OF EVIDENCE:

1. After having had prior service in the U. S. Coast Guard Reserve as a lieutenant, the applicant applied for appointment in the ARNG. He appeared before an FRB on 24 January 2001 to determine his qualifications for Federal recognition as a captain in the Adjutant General's Corps. The NGB Form 89 dated 24 January 2001 indicated he was found to meet the requirements for appointment under the provisions of National Guard Regulation (NGR) 600-100, paragraph 2-9 and was extended temporary Federal recognition as provided by NGR 600-100, chapter 7 to be effective 25 (sic) January 2001.

2. The applicant took the oath of office of a National Guard officer on 24 January 2001. TNARNG Orders 025-050 dated 25 January 2001 appointed him in the ARNG in the rank of captain, Adjutant General's Corps, assigned to Detachment 1, 133d Public Affairs (Mobile), TNARNG as the Public Affairs Officer, effective 24 January 2001.

3. TNARNG Orders 025-050 noted that the applicant was detailed to the Adjutant General's Corps pending completion of educational stipulation determined by the FRB. Reassignment and Federal recognition in the detailed branch would not occur until he had completed the educational stipulation.

4. The provided DA Form 1059 shows the applicant completed the Public Affairs Officer Course (Reserve Component) on 19 July 2002.

5. The applicant appeared before a second FRB on 15 January 2003 to determine his qualifications for Federal recognition as a captain in the Adjutant General's Corps. The 15 January 2003 NGB Form 89 indicated he was found to meet the requirements for appointment under the provisions of NGR 600-100, paragraph 2-9 and was extended temporary Federal recognition as provided by NGR 600-100, chapter 7 to be effective 15 January 2003.

6. NGB Special Orders Number 283 dated 7 November 2003 announced the applicant's Federal recognition in the ARNG for initial appointment effective 16 October 2003.

7. NGR 600-100 (Commissioned Officers – Federal Recognition and Related Personnel Actions) 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.

9. 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.

10. 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 endorsement 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. The applicant was originally granted temporary Federal recognition effective 24 January 2001 upon his original appointment in the ARNG. At that time, his NGB Form 89 and allied documents should have been forwarded to The Adjutant General for endorsement to the NGB. For an unknown reason and through no fault of the applicant, this action was not taken.

2. The applicant's Federal recognition packet was considered by another FRB on 15 January 2003, which resulted in the NGB issuing orders announcing extension of Federal recognition to the applicant effective 16 October 2003.

3. 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. The applicant executed his oath of office in the State of Tennessee on 24 January 2001.

BOARD VOTE:

__kan___ __jtm___ __lmb___ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all

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Department of the Army records of the individual concerned be corrected by issuing an order showing he was extended Federal recognition effective 24 January 2001.




                  __Kathleen A. Newman___
                  CHAIRPERSON

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INDEX

CASE ID	AR2003087531
SUFFIX
RECON
DATE BOARDED	20040108
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	125.02
2.
3.
4.
5.
6.