RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           5 August 2004
      DOCKET NUMBER:  AR20040002112


      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. Walter T. Morrison            |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. Linda 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 5 November 2003, in the
grade of second lieutenant be corrected to show the Federal Recognition
order effective date of 12 August 2001.

2.  The applicant states he was initially appointed as a second lieutenant
on 12 August 2001 in the Nevada Army National Guard (NVARNG) 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 22 October 2003; an Oath of Office, dated 12 August 2001; and
National Guard Bureau Federal Recognition Orders Number 280 AR, dated 5
November 2003.

CONSIDERATION OF EVIDENCE:

1.  On 27 July 2001, a Federal Recognition Board was held by the NVARNG 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 applicant accepted an appointment as a second lieutenant in the
NVARNG on 12 August 2001.

3.  On 12 August 2001, the applicant executed an Oath of Office as a second
lieutenant in the NVARNG and was granted temporary Federal Recognition.

4.  National Guard Bureau Federal Recognition Orders Number 22 AR, dated
27 January 2003, awarded the applicant permanent Federal Recognition for
initial appointment to the grade of second lieutenant, effective 12 August
2001.

5.  National Guard Bureau Federal Recognition Orders Number 233 AR, dated
15 September 2003, awarded the applicant permanent Federal Recognition for
promotion to the grade of first lieutenant, effective 12 August 2003.




6.  National Guard Bureau Federal Recognition Orders Number 262 AR, dated
16 October 2003, revoked National Guard Bureau Federal Recognition Orders
Number 22 AR which pertains to award of permanent Federal Recognition to
the applicant for initial appointment to the grade of second lieutenant
with the effective date 12 August 2001.

7.  National Guard Bureau Federal Recognition Orders Number 273 AR, dated
27 October 2003, revoked National Guard Bureau Federal Recognition Orders
Number 233 AR which pertains to award of permanent Federal Recognition to
the applicant for promotion to the grade of first lieutenant with the
effective date 12 August 2003.

8.  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.

9.  On 21 October 2003, a second Federal Recognition Board was held by the
NVARNG 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.


10.  On 22 October 2003, the applicant executed a second Oath of Office as
a second lieutenant the NVARNG and was granted temporary Federal
Recognition.

11.  National Guard Bureau Federal Recognition Orders Number 280 AR, dated
5 November 2003, awarded the applicant permanent Federal Recognition for
initial appointment to the grade of second lieutenant, effective 22 October
2003.

12. There is no evidence that NGB awarded permanent Federal Recognition to
the applicant to show that he was promoted to the grade of first
lieutenant.

13.  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.

14.  National Guard Regulation 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.  National Guard Regulation 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 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.

16.  National Guard Regulation 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 12 August 2001 upon his initial appointment in the
NVARNG 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 Nevada 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.  Records show that the applicant was originally awarded permanent
Federal Recognition as a second lieutenant effective 12 August 2001.
However, these orders were revoked because the permanent Federal
Recognition was not granted within six months of the Federal Recognition
Board and issuance of temporary Federal Recognition.

3.  Due to the revocation of the initial appointment Federal Recognition
orders, the applicant's Federal Recognition packet was considered by
another NVARNG Federal Recognition Board.

4.  Based on the recommendations of the second NVARNG Federal Recognition
Board, the National Guard Bureau issued orders awarding the applicant
permanent Federal Recognition effective 22 October 2003.

5.  From the foregoing, it is clear that an administrative error denied the
applicant Federal Recognition effective 12 August 2001.

6.  Based on applicable law and regulation, the applicant is entitled to
have Federal Recognition Order Number 280 AR amended to show the effective
date of permanent Federal Recognition in the grade of second lieutenant is
12 August 2001.

7.  Based on the correction of the applicant's promotion to the grade of
second lieutenant, the applicant is eligible for promotion to the grade of
first lieutenant effective 12 August 2003 and awarded permanent Federal
Recognition as a first lieutenant with an effective date of 12 August 2003

BOARD VOTE:

___rtd___  __wtm___  __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:

      a.  amending Federal Recognition Order Number 280 AR to show that he
was extended Federal Recognition effective 12 August 2001 in the grade of
second lieutenant; and


      b.  by awarding the applicant permanent Federal Recognition in the
grade of first lieutenant with an effective date of 12 August 2003.






            _____Walter T. Morrison_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040002112                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2004/08/05                              |
|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.                      |                                        |


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