RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 September 2004
      DOCKET NUMBER:  AR20040005648


      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 Able                    |     |Member               |
|     |Ms. Eloise C. Prendergast         |     |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 19 December 2003, in the
grade of captain be corrected to show the Federal Recognition order
effective date of 7 July 2001.

2.  The applicant states he was initially appointed as a captain on 7 July
2001 in the Tennessee Army National Guard (TNARNG) 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 Form 89; an Oath
of Office, dated 19 November 2003; an Oath of Office, dated 7 July 2001;
National Guard Bureau Federal Recognition Orders Number 320 AR, dated 19
December 2003; and a memorandum of support, dated 20 May 2004.

CONSIDERATION OF EVIDENCE:

1.  Headquarters, Tennessee Army National Guard Orders Number 176-232,
dated 25 June 2001, appointed the applicant as a captain in the TNARNG
effective 23 June 2001.

2.  These orders extended the applicant temporary Federal Recognition
effective 23 June 2001 in accordance with the provisions of National Guard
Regulation 600-100 (Commissioned Officer-Federal Recognition and Related
Personnel Actions).

3.  On 7 July 2001, the applicant executed an Oath of Office as a captain
in the TNARNG.  This Oath of Office shows that the applicant was granted
temporary Federal Recognition effective 7 July 2001.

4.  There is no evidence in the available records which show that a Federal
Recognition Board was held by the TNARNG 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.

5.  There is no evidence that the applicant was awarded permanent Federal
Recognition by the National Guard Bureau based on the results of a TNARNG
Federal Recognition Board.

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

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

8.  On 19 November 2003, a Federal Recognition Board was held by the TNARNG
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.


9.  National Guard Bureau Federal Recognition Orders Number 320 AR awarded
the applicant permanent Federal Recognition for initial appointment to the
grade of captain, effective 19 November 2003.

10.  The applicant provided a 20 May 2004 memorandum prepared by a captain
in the position of officer strength manager which stated that a copy of the
NGB Form 89 for the "initial boarding" [Federal Recognition Board] for the
applicant could not be located.

11.  The author continued that all attempts to locate a copy of this
document have been unsuccessful and that applicant's case should be
considered based on the available documents.

12.  National Guard Regulation 600-100 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.

13.  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.
14.  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.

15.  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 7 July 2001 upon his initial appointment in the
TNARNG as a captain.  At that time, his Federal Recognition packet and
allied documents should have been considered by a TNARNG Federal
Recognition Board and then forwarded to the Adjutant General of the State
of Tennessee 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.  TNARNG Orders Number 176-232, dated 25 June 2001, show that the
applicant was awarded temporary Federal Recognition effective 23 June 2001.
 However, the applicant did not execute an Oath of Office until 7 July 2001
and therefore, the earliest date that he is eligible for temporary Federal
Recognition is 7 July 2001.

3.  The applicant's records were not considered by a Federal Recognition
Board within six months of receiving temporary Federal Recognition
therefore, the applicant's temporary Federal Recognition expired.

4.  Subsequently, the applicant executed a second Oath of Office and was
considered by a TNARNG Federal Recognition Board which determined that he
was qualified to receive permanent Federal Recognition.

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

6.  From the foregoing, it is clear that an administrative error denied the
applicant permanent Federal Recognition effective 7 July 2001.

7.  Based on applicable law and regulation, the applicant is entitled to
have Federal Recognition Order Number 320 AR amended to show the effective
date of permanent Federal Recognition in the grade of captain is 7 July
2001.

BOARD VOTE:

_RJW___  ___RA___  __ECP__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL 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 320 AR to show that he was
extended Federal Recognition effective 7 July 2001 in the grade of captain.




                                  Mr. Raymond J. Wagner__
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040005648                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/09/23                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |125.0200.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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