RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 January 2004
      DOCKET NUMBER:   AR2003097537


      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. Victoria A. Donaldson        |     |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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests in effect, that his initial appointment Federal
Recognition order be corrected to show the effective date of 15 February
2002.

2.  The applicant states he was initially appointed as a warrant officer
one on 15 February 2002 and that he never received permanent Federal
Recognition.

3.  The applicant further states that he appeared before a new Federal
Recognition Board on 28 July 2003 and was appointed effective that date.

4.  The applicant provides a NGB Form 337 (Oath of Office), dated 15
February 2002; Appointment Orders Number 042-084, dated 11 February 2002;
enlisted Discharge Orders Number 042-084, dated 11 February 2002; and NGB
Form
62-E (Application for Federal Recognition as an Army National Guard Office
or Warrant Officer and Appointment as a Reserve Commissioned Officer or
Warrant Officer of the Army in the Army National Guard of the United
States) dated 15 June 2001.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 27 March 1979.  He
completed Basic Combat Training and Advanced Individual Training and was
awarded the military occupational specialty 35L1P/Avionic Commercial
Equipment Repairer.  The applicant was honorably discharged as a
sergeant/pay grade E-5 on 17 March 1986 for expiration of term of service.
The applicant enlisted in the -United States Army Reserve on 18 March 1986.
 The applicant accepted an assignment as a member of the Tennessee Army
National Guard (TNARNG) on 27 January 1986.

2.  The applicant's records contain a copy of his application for Federal
Recognition, dated 15 June 2001.  The application was signed on 18 June
2001 by the Deputy Chief of Staff, Personnel of the TNARNG.

3.  On 18 June 2001, a Federal Recognition Board was held by the TNARNG to
determine if the applicant was qualified to be awarded Federal Recognition.
 The proceedings indicated that the applicant was satisfactory in his
physical qualifications, moral character and general qualifications.

4.  The TNARNG Federal Recognition Board found that the applicant was
physically, morally, generally and professionally qualified to be awarded
Federal Recognition on 20 June 2001.

5.  There is no evidence that the applicant was awarded permanent Federal
Recognition by the National Guard Bureau based on the results of the 20
June 2001 TNARNG Federal Recognition Board.

6.  The applicant's records show that the applicant completed warrant
officer candidate school on February 2002.

7.  TNARNG Orders Number 042-084, dated 11 February 2002, discharged the
applicant from the Army National Guard and the Reserve of the Army
effective 14 February 2002 in the grade of staff sergeant pay grade/E6.

8.  These same orders appointed the applicant in the TNARNG as a warrant
officer one effective 15 February 2002.

9.  On 15 February 2002, the applicant executed an Oath of Office as a
warrant office one in the TNARNG and was granted temporary Federal
Recognition.

10.  There is no evidence that the applicant received permanent Federal
Recognition as a warrant officer one from the National Guard Bureau within
the six month period required by National Guard/Army regulations and as a
result his temporary Federal Recognition expired.

11.  TNARNG Orders Number 209-139, dated 28 July 2003, appointed the
applicant in the grade warrant officer one and awarded the applicant
temporary Federal Recognition effective 28 July 2003.

12.  National Guard Bureau Federal Recognition Orders Number 232 AR awarded
the applicant permanent Federal Recognition for initial appointment to the
grade of warrant officer one effective 28 July 2003.

13.  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.

14.  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.

16.  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.  Although the applicant's records show that he was found qualified by a
TNARNG Federal Recognition Board on 18 June 2001, he did not complete
warrant officer candidate school until 15 February 2002.  Therefore, he was
not eligible for Federal Recognition as a warrant officer until 15 February
2002.

2.  Records show that the applicant was granted temporary Federal
Recognition effective 15 February 2002 upon his initial appointment in the
TNARNG as a warrant officer one.  At that time, his Federal Recognition
packet and allied documents should have been forwarded to the Adjutant
General of the State of Tennessee for endorsement to the National Guard
Bureau for extension of permanent Federal Recognition.  Through no fault of
the applicant, this action was not taken.

3.  Subsequently, the applicant's Federal Recognition packet was considered
by another TNARNG Federal Recognition Board.  Based on the recommendations
of the TNARNG Federal Recognition Board, the National Guard Bureau issued
orders awarding the applicant permanent Federal Recognition effective 28 
July 2003.

4.  From the foregoing it is clear that an administrative error denied the
applicant Federal Recognition effective 15 February 2002.  Based on
applicable law and regulation the applicant is entitled to have Federal
Recognition Order Number 232 AR amended to show the effective date of
permanent Federal Recognition in the grade of warrant officer one is 15
February 2002.

BOARD VOTE:

_KAN___  _LMB___  _JTM____  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 232 AR to show that he was
extended Federal Recognition effective 15 February 2002.






            __Kathleen A. Newman__
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003097537                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040108                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |125.02                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |