RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 September 2005
      DOCKET NUMBER:  AR20040008874


      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             |
|     |Ms. Maria C. Sanchez              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Larry Olson                   |     |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 that her National Guard Federal Recognition
order (initial appointment), dated 20 May 2002, in the grade of second
lieutenant be corrected to show the effective date of 19 May 2000.  She
also requests that the effective date of her promotion to first lieutenant
be corrected to show 19 May 2002.

2.  The applicant states she was initially appointed as a second lieutenant
on 19 May 2000 in the Montana Army National Guard (MTARNG) and that she
never received permanent Federal Recognition.  The applicant continues that
through a series of errors she was denied timely promotion to the grade of
first lieutenant.

3.  The applicant provides an Information Paper, dated 3 April 2004; a copy
of DA Form 1059 (Service School Academic Evaluation Report), dated 3 May
1999; State of Montana Orders Number 068-005, dated 8 March 2000; a copy of
her Physician Assistant Diploma; a copy of DA Form 1059, for the period 16
May 1999 through 19 May 2000; Oath of Office, dated 19 May 2000; State of
Montana, Department of Commerce, Physician's Assistant Certification;
National Commission on Certification of Physician Assistants Certification
Status Report; National Guard Bureau Reserve Component Promotion Letter,
dated 4 December 2002; State of Montana, Office of The Adjutant General
Orders 182-001, dated 1 July 2002; National Guard Bureau Federal
Recognition Orders Number 333 AR, dated 4 December 2002; Joint Forces
Headquarters Montana, Office of the Adjutant General Orders 042-002, dated
11 February 2004; DA Form 5074-1-R (Record of Award of Entry Grade Credit
(Health Services Officers), dated 5 March 2004; and National Guard Bureau
Federal Recognition Orders Number 53 AR, dated 9 March 2004.

CONSIDERATION OF EVIDENCE:

1.  DA Form 1059, dated 3 May 1999, shows that the applicant completed
Phase I of 6H-65D, Interservice Physician Assistant Course.

2.  MTARNG Orders 068-005, dated 8 March 2000, shows the applicant was
discharged, effective 18 May 2000, from the MTARNG and as a Reserve of the
Army in the rank of sergeant.  These orders also show effective 19 May
2000, the applicant was appointed in the MTARNG in the rank of second
lieutenant.

3.  An undated DA Form 1059 shows the applicant completed the Interservice
Physician Assistant Program on 19 May 2000.
4.  Academy of Health Sciences - US Army Diploma shows the applicant
successfully completed the Interservice Physician Assistant Program 6H-65D
on 19 May 2000.

5.  On 19 May 2000, the applicant executed an Oath of Office as a second
lieutenant in the MTARNG and was granted temporary Federal Recognition.

6.  There is no evidence in the available records which shows that the
MTARNG held a Federal Recognition Board to determine if the applicant was
qualified to be awarded Federal Recognition.

7.  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 her temporary Federal Recognition expired.

8.  The applicant submitted a State of Montana, Board of Medical Examiners
license, dated 18 November 2000, which verified that the applicant was
currently a licensed and certified Physician Assistant.

9.  MTARNG Orders 182-001, dated 1 July 2002, promoted the applicant to the
grade of first lieutenant, effective 19 May 2002.

10.  National Guard Bureau Federal Recognition Orders Number 333 AR, dated
4 December 2002, awarded the applicant permanent Federal Recognition for
promotion to the grade of first lieutenant effective 19 May 2002.

11.  MTARNG Orders 042-002, dated 11 February 2004, appointed the applicant
in the grade of first lieutenant to the Army Medical Specialist Corps with
duty assignment as a Physician Assistant (65D).

12.  The applicant's records contain a DA Form 5074-1-R (Record of Award of
Entry Grade Credit (Health Services Officers)), dated 28 January 2004,
which shows that the applicant was awarded 3 years, 8 months, and 8 days of
constructive credit for successful completion of certification as a
physician assistant.

13.  National Guard Bureau Federal Recognition Orders Number 53 AR, dated
9 March 2004, awarded the applicant permanent Federal Recognition for
initial appointment to the grade of first lieutenant, effective 28 January
2004, with a date of rank of 20 May 2002.  These orders further revoked
National Guard Bureau Federal Recognition Orders Number 333 AR.
14.  The applicant submitted an Information Paper, dated 3 April 2004, from
the J-1 of the MTARNG which essentially provides background information on
the errors related to the applicant's initial appointment.  The J-1 states:

      a.  the applicant was appointed on 19 May 2000 in the MTARNG as a
second lieutenant;

      b.  through no fault of the applicant, her Federal Recognition packet
was not forwarded to the NGB within the six months required;

      c.  the J-1 was notified of the error when they forwarded the
applicant's Federal Recognition packet for promotion to first lieutenant;

      d.  the J-1 worked with the NGB AMEDD Branch to forward the Federal
Recognition packet for initial appointment;

      e.  a promotion order to first lieutenant was published, but the
packet for initial appointment was held at NGB for over a year with no
action;

      f.  the applicant was considered by a Federal Recognition Board on
19 May 2002 and the packet was forwarded to NGB;

      g.  the applicant was Federally Recognized with an initial
appointment of 28 January 2004, as a first lieutenant, with a date of rank
of 20 May 2002;

      h.  the applicant should have been appointed as a second lieutenant
on 19 May 2000 and promoted to first lieutenant on 19 May 2002; and

      i.  the applicant should not be held responsible for a mistake that
was not her fault.

15.  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, National Guard Bureau 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.
16.  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.

17.  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 Army National Guard 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.

18.  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 National Guard Bureau.  If
the member meets the qualifications and requirements for Federal
Recognition, the Chief, National Guard Bureau extends permanent Federal
Recognition to the member in the grade and branch in which the member is
qualified.

19.  Paragraph 2-1 of Army Regulation 135-155 (Promotion of Commissioned
Officers and Warrant Officers Other Than General Officers) states, in
pertinent part, that an officer in the grade of second lieutenant will be
considered for promotion without review by a selection board.  The
officer's records will be screened to determined eligibility for promotion
to the next higher grade far enough in advance to permit promotion on the
date the promotion service is completed in compliance with table 2-1 or
table 2-3 of this regulation.

20.  Table 2-1 of Army Regulation 135-155 states that the minimum time in
grade as a second lieutenant for promotion to captain is 5 years.
21.  Table 2-2 of Army Regulation 135-155 states, in pertinent part, that
first lieutenants must complete a resident officer basic course to be
eligible for promotion to captain.

22.  Section 14502a (1) of Title 10 of the United States Code states in the
case of an officer or former officer who the Secretary of the military
department concerned determines was not considered for promotion from in or
above the promotion zone by a mandatory promotion board convened under
section 14101(a) of this title because of administrative error, the
Secretary concerned shall convene a special selection board under this
subsection to determine whether such officer or former officer should be
recommended for promotion.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records clearly show she was initially appointed as a
second lieutenant on 19 May 2000.  However, in accordance with Army
Regulations, the applicant should have been appointed in the grade of first
lieutenant with a date of rank of 19 May 2000, based on the award of 3
years, 8 months and 8 days of constructive credit.

2.  Records further show the applicant's Federal Recognition for initial
appointment was not processed in a timely manner through no fault of the
applicant.

3.  Based on the foregoing, Federal Recognition Order Number 53 AR is
erroneous and should be revoked and/or deleted from her official military
personnel file.

4.  Additionally, the applicant's records should be corrected to show award
of permanent Federal Recognition for initial appointment in the grade of
first lieutenant effective 19 May 2000.

5.  If the above correction results in placing the applicant in the zone of
consideration or omission from consideration by a Department of the Army
Mandatory Board for promotion to the grade of captain, then her records
should be placed before the appropriate Special Selection Board.






BOARD VOTE:

___jm___  __wdp___  ___lo ___  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:

      a.  by revoking and/or deleting National Guard Bureau Federal
Recognition Order Number 53 AR;


      b.  by showing award of permanent Federal Recognition for initial
appointment as a first lieutenant effective 19 May 2000;


      c. by paying all pay and allowances due her based on the above
corrections; and


      d.  by submitting her records for consideration by an appropriate
Special Selection Board, if the individual concerned is erroneously omitted
from consideration by a Department of the Army Mandatory Promotion Board
for promotion to the rank of captain.




                                  _____William D. Powers____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040008874                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005/09/08                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS)                             |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  276  |125.0200/Fed Rec                        |
|2.  229                 |112.0700/const credit                   |
|3.  224                 |112.0200/DOR                            |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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