RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 September 2004
      DOCKET NUMBER:  AR20040005609


      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. Fred Eichorn                  |     |Chairperson          |
|     |Ms. Karen Y. Fletcher             |     |Member               |
|     |Mr. Ronald E. Blakely             |     |Member               |

      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 9 January 2004, in the grade
of second lieutenant be corrected to show the Federal Recognition order
effective date of 1 July 2002.

2.  The applicant states he was initially appointed as a second lieutenant
on 1 July 2002 in the Massachusetts Army National Guard (MAARNG) and
tendered temporary Federal Recognition.  The applicant continues that he
did not receive permanent Federal Recognition within six months due to
administrative errors.

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 19 November 2003; an Oath of Office, dated 1 July 2002; and
National Guard Bureau Federal Recognition Orders Number 4 AR, dated 9
January 2004.

CONSIDERATION OF EVIDENCE:

1.  On 21 June 2002, 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.  There is no evidence that the applicant was awarded permanent Federal
Recognition by the National Guard Bureau based on the results of the 21
June 2002 MAARNG Federal Recognition Board.

3.  The applicant accepted an appointment as a second lieutenant in the
MAARNG on 1 July 2002.

4.  On 1 July 2002, the applicant executed an Oath of Office as a second
lieutenant in the MAARNG 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 19 November 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.

7.  On 19 November 2003, the applicant executed a second Oath of Office as
a second lieutenant in the MAARNG and was granted temporary Federal
Recognition.

8.  National Guard Bureau Federal Recognition Orders Number 4 AR awarded
the applicant permanent Federal Recognition for initial appointment to the
grade of second lieutenant, effective 19 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, 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.  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.





12.  National Guard Regulation 600-100, 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 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 1 July 2002 upon his initial appointment in the
MAARNG 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 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.

3.  Based on the recommendations of the second MAARNG Federal Recognition
Board, the National Guard Bureau issued orders awarding the applicant
permanent Federal Recognition effective 19 November 2003.

4.  From the foregoing, it is clear that an administrative error denied the
applicant Federal Recognition effective 1 July 2002.

5.  Based on applicable law and regulation, the applicant is entitled to
have Federal Recognition Order Number 4 AR amended to show the effective
date of permanent Federal Recognition in the grade of second lieutenant is
1 July 2002.

6.  Upon correction of the date of Federal Recognition for initial
appointment as a second lieutenant, the applicant's eligibility date for
promotion and Federal Recognition to first lieutenant should be adjusted
accordingly.




BOARD VOTE:

__FE ___  __KYF __  __REB __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 4 AR to show that he
was extended Federal Recognition effective 1 July 2002 in the grade of
second lieutenant.

2.  The Board further determined that if  Federal  Recognition  Orders  have
been published promoting the individual concerned to first lieutenant  prior
to the date of this Record of  Proceedings,  then  those  orders  should  be
amended  to  show  an  effective  date  of  promotion  to  first  lieutenant
consistent with the corrected initial appointment  and  Federal  Recognition
as a second lieutenant.






                                       __Mr. Fred Eichorn __
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040005609                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/09/28                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |grant                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |125.0200.000                            |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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