RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            29 July 2004
      DOCKET NUMBER:   AR20040000241


      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. Samuel A. Crumpler            |     |Chairperson          |
|     |Mr. Lester Echols                 |     |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 National Guard Federal
Recognition order (initial appointment), dated 26 January 2004, in the
grade of warrant officer one be corrected to show the Federal Recognition
order effective date of
2 August 2002 (sic).

2.  The applicant states he was initially appointed as a warrant officer
one on       2 August 2002 (sic) in the Iowa Army National Guard (IAARNG)
and that he never received permanent Federal Recognition.

3.  The applicant provides a copy of the current NGB Form 89 (Proceedings
of a Federal Recognition Examining Board); the initial NGB 89; an Oath of
Office, dated 13 November 2003; an Oath of Office, dated 8 August 2002; and
National Guard Bureau Federal Recognition Orders Number 16 AR, dated 26
January 2004.

CONSIDERATION OF EVIDENCE:

1.  On 22 May 2002, a Federal Recognition Board was held by the IAARNG 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.

2.  There is no evidence that the applicant was awarded permanent Federal
Recognition by the National Guard Bureau based on the results of the 22 May
2002 IAARNG Federal Recognition Board.

3.  The applicant accepted an appointment as a warrant officer one in the
IAARNG on 8 August 2002.

4.  On 8 August 2002, the applicant executed an Oath of Office as a warrant
officer one in the IAARNG and was granted temporary Federal Recognition.

5.  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.  As a
result, his temporary Federal Recognition expired.

6.  On 13 November 2003, a second Federal Recognition Board was held by the
IAARNG 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.



7.  On 13 November 2003, the applicant executed a second Oath of Office as
a warrant officer one in the IAARNG and was granted temporary Federal
Recognition.

8.  National Guard Bureau Federal Recognition Orders Number 16 AR awarded
the applicant permanent Federal Recognition for initial appointment to the
grade of warrant officer one, effective 13 November 2003.

9.  National Guard Regulation 600-100 (Commissioned Officer-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.

10.  National Guard Regulation 600-100 (Commissioned Officers-Federal
Recognition and Related Personnel Actions), 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.

11.  National Guard Regulation 600-101 (Warrant Officers-Federal
Recognition and Related Personnel Actions) provides procedures for
processing all applications for Federal Recognition.  Paragraph 2-2 states
that the appointment of warrant officers is a function of the state
concerned.  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 warrant officers of the Army with
assignment to the Army National Guard of the United States if they have not
already accepted such appointment.


12.  Paragraph 2-4b of National Guard Regulation 600-101, states that the
effective date of Federal Recognition for original appointment is that date
on which the warrant officer executes the oath of office in the State.
Paragraph 2-3 states that temporary Federal Recognition upon initial
appointment establishes the authorized grade to be used by all officers in
their federally recognized status.
13.  Paragraph 2-3 of NGR 600-101 states that temporary Federal Recognition
may be extended to a warrant 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 warrant 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.

14.  Paragraph 2-3a of National Guard Regulation 600-101 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 Army National Guard.  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.  The applicant requests that his National Guard Federal Recognition
order (initial appointment) be corrected to show the effective date of 2
August 2002 (sic).

2.  Records show that the applicant was granted temporary Federal
Recognition effective 8 August 2002 upon his initial appointment in the
IAARNG 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 Iowa 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 IAARNG Federal Recognition Board.
4.  Based on the recommendations of the second LAARNG Federal Recognition
Board, the National Guard Bureau issued orders awarding the applicant
permanent Federal Recognition effective 13 November 2003.

5.  From the foregoing, it is clear that an administrative error denied the
applicant Federal Recognition effective 8 August 2002.

6.  Based on applicable law and regulation, the applicant is entitled to
have Federal Recognition Order Number 16 AR amended to show the effective
date of permanent Federal Recognition in the grade of warrant officer one
is 8 August 2002.

BOARD VOTE:

_SAC____  __LE___  _LB_____  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 16 AR to show that he was
extended Federal Recognition effective 8 August 2002 in the grade of
warrant officer one.






               __Samuel A. Crumpler__
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040000250                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/06/29                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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