RECORD OF PROCEEDINGS



      IN THE CASE OF:



      BOARD DATE:           18 May 2004
      DOCKET NUMBER:   AR20040000274


      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. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. Roger W. Able                 |     |Member               |
|     |Mr. John E. Denning               |     |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 10 December 2003, be
corrected to show the effective date 6 September 2002.

2.  The applicant states that he was appointed as a second lieutenant in
the Louisiana Army National Guard (LAARNG) on 6 September 2002 but that due
to administrative delays at the State Headquarters, his permanent Federal
Recognition was not processed until 20 October 2003.

3.  The applicant provides a copy of National Guard Bureau Federal
Recognition Orders Number 312 AR, a copy of the 20 October 2003 Oath of
Office, a copy of the 7 August 2003 Federal Recognition Board Proceedings,
a copy of the 25 August 2002 Oath of Office, and a copy of the 18 July 2002
Federal Recognition Board Proceedings

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed in the LAARNG as a second lieutenant on
25 August 2002.  He is currently assigned as a second lieutenant in 415th
Military Intelligence Battalion.

2.  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.

3.  The Federal Recognition Board imposed the following education
stipulation on the applicant: "Applicant is eligible for appointment as a
second lieutenant, any basic branch, upon successful completion of
Louisiana Army National Guard State Officer Candidate Course."

4.  Records show that the applicant completed the LAARNG Officer Candidate
School on 24 August 2002.

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

6.  There is no evidence that National Guard Bureau awarded the applicant
permanent Federal Recognition effective 25 August 2002.



7.  On 7 August 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.

8.  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.

9.  National Guard Bureau Federal Recognition Orders Number 312 AR awarded
the applicant permanent Federal Recognition for initial appointment to the
grade of first lieutenant effective 20 October 2003.

10.  National Guard Regulation (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.

11.  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.

12.  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 a Federal Recognition Board 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 Federal Recognition Board should be
convened to consider the request again and grant another new period of
temporary Federal Recognition if warranted.


13.  NGR 600-100, paragraph 10-15b states that temporary Federal
Recognition may be granted by a Federal Recognition Board 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 Federal Recognition Board
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 LAARNG 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.

4.  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:

__RJW___  _RA____  __JED___  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 September 2002.






                                      Raymond J. Wagner
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004000274                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/05/18                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |