RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           10 June 2004
      DOCKET NUMBER:   AR20040000271


      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:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Joe R. Schroeder              |     |Member               |
|     |Mr. Robert L. Duecaster           |     |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 7 November 2003, in the
grade of second lieutenant be corrected to show the Federal Recognition
order effective date of 18 August 2001.

2.  The applicant states he was initially appointed as a second lieutenant
on 18 August 2001 in the Kansas Army National Guard (KSARNG) 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 15 October 2003; an Oath of Office, dated 18 August 2001; and
National Guard Bureau Federal Recognition Orders Number 283 AR, dated 7
November 2003.

CONSIDERATION OF EVIDENCE:

1.  On 23 March 2001, a Federal Recognition Board was held by the KSARNG 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 23
March 2001 KSARNG Federal Recognition Board

3.  The applicant accepted an appointment as a second lieutenant in the
KSARNG on 18 August 2001.

4.  On 18 August 2001, the applicant executed an Oath of Office as a second
lieutenant in the KSARNG and was granted temporary Federal Recognition.

5.  There is no evidence that the applicant received permanent Federal
Recognition as a second lieutenant 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 15 October 2003, a second Federal Recognition Board was held by the
KSARNG 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 15 October 2003, the applicant executed a second Oath of Office as a
second lieutenant in the KSARNG and was granted temporary Federal
Recognition.

8.  National Guard Bureau Federal Recognition Orders Number 283 AR awarded
the applicant permanent Federal Recognition for initial appointment to the
grade of second lieutenant, effective 15 October 2003.

9.  NGR 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.  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.

11.  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.

12.  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 18 August 2001 upon his initial appointment in the
KSARNG 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 Kansas 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 KSARNG Federal Recognition Board.

3.   Based on the recommendations of the second KSARNG Federal Recognition
Board, the National Guard Bureau issued orders awarding the applicant
permanent Federal Recognition effective 15 October 2003.

4.  From the foregoing, it is clear that an administrative error denied the
applicant Federal Recognition effective 18 August 2001.

5.  Based on applicable law and regulation, the applicant is entitled to
have Federal Recognition Order Number 283 AR amended to show the effective
date of permanent Federal Recognition in the grade of second lieutenant is
18 August 2001.

BOARD VOTE:

__MHM__  _JRS___  _RLD____  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 283 AR to show that he was
extended Federal Recognition effective 18 August 2001 in the grade of
second lieutenant.





               __Melvin H. Meyer_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040000271                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/06/10                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |