RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            29 July 2004
      DOCKET NUMBER:   AR20040000725


      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. John N. Slone                 |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Mr. Thomas E. O'Shaughnessy, Jr.  |     |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 14 May 2003, in the grade of
warrant officer one (WO1) be corrected to show the Federal Recognition
order effective date of 25 July 2002.

2.  The applicant states he was initially appointed as a WO1 on 25 July
2002 in the Massachusetts Army National Guard (MAARNG) 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 23 April 2003; an Oath of Office, dated 25 July 2002; and
National Guard Bureau Federal Recognition Orders Number 126 AR, dated 14
May 2003.

CONSIDERATION OF EVIDENCE:

1.  On 30 October 2001, a Federal Recognition Board was held by the MAARNG
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.  The Federal Recognition Board determined that the applicant was
eligible for appointment as a warrant officer in the Army National Guard
and selected him for entry into warrant officer candidate school.

3.  The Federal Recognition Board extended temporary Federal Recognition as
a warrant officer one the date that he successfully completed Warrant
Officer Candidate School.

4.  The applicant's records show that he completed Warrant Officer
Candidate School on 25 July 2002.

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

6.  The applicant accepted an appointment as a WO1 in the MAARNG on 25 July
2002.

7.  On 25 July 2002, the applicant executed an Oath of Office as a WO1 in
the MAARNG and was granted temporary Federal Recognition.

8.  There is no evidence that the applicant received permanent Federal
Recognition as a WO1 from the National Guard Bureau within the six month
period required by National Guard/Army regulations.  As a result, his
temporary Federal Recognition expired.

9.  On 23 April 2003, the applicant executed a second Oath of Office as a
WO1 in the MAARNG and was granted temporary Federal Recognition.

10.  On 23 April 2003, a second Federal Recognition Board was held by the
MAARNG 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.


11.  National Guard Bureau Federal Recognition Orders Number 126 AR awarded
the applicant permanent Federal Recognition for initial appointment to the
grade of WO1, effective 23 April 2003.

12.  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 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 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.

13.  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.




14.  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.
15.  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 a Federal Recognition Board 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 Federal Recognition Board should be convened to consider the
request again and grant another new period of temporary Federal Recognition
if warranted.

16.  Paragraph 2-3a of National Guard Regulation 600-101 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 Army National Guard.
 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 July 2002 upon his initial appointment in the
MAARNG as a WO1.  At that time, his Federal Recognition packet and allied
documents should have been forwarded to the Adjutant General of the State
of Massachusetts 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 MAARNG Federal Recognition Board.  Based on the recommendations
of the second MAARNG Federal Recognition Board, the National Guard Bureau
issued orders awarding the applicant permanent Federal Recognition
effective 23 April 2003.
3.  From the foregoing, it is clear that an administrative error denied the
applicant Federal Recognition effective 25 July 2002.  Based on applicable
law and regulation, the applicant is entitled to have Federal Recognition
Order Number 126 AR amended to show the effective date of permanent Federal
Recognition in the grade of WO1 is 25 July 2002.

BOARD VOTE:

_ TEO  ___  _JNS___  _RTD___  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 126 AR to show that he was
extended Federal Recognition effective 25 July 2002 in the grade of WO1.





                   __John N. Slone_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004000725                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/07/29                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |125.0200.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]