RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 October 2005
      DOCKET NUMBER:  AR20040010486


      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             |
|     |Mr. Paul Wright                   |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Jose A. Martinez              |     |Member               |
|     |Ms. LaVerne M Douglas             |     |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 his effective date of [permanent] Federal
recognition as a Medical Service Corps officer be established as 4 August
2004 (sic).

2.  The applicant states that he graduated from Officer Candidate School
(OCS) and was appointed as a Second Lieutenant (2LT/O-1) on 4 August 2004
(sic).  The State of Tennessee failed to do process his appointment packet
and his Federal recognition packet until April 2004.  However, he was sworn
in and has been performing as a Medical Service Corps officer since August
2002.

3.  The applicant provides his initial appointment order in the Army
National Guard (ARNG), dated 13 August 2002 with a temporary Federal
recognition date of 4 August 2002; his oath of office as a National Guard
officer; an NGB Form 89 (Proceedings of a Federal Recognition Examining
Board) dated 17 July 2002; his second oath office as a National Guard
officer; a second NGB Form 89, dated 2 April 2004; and a second appointment
order in the ARNG dated 2 April 2004.

CONSIDERATION OF EVIDENCE:

1.  After completing OCS, the applicant appeared before a Federal
Recognition Board (FRB) on 17 July 2002 to determine his qualifications for
Federal recognition as a 2LT in the Medical Service Corps.  The NGB Form
89, dated 17 July 2002, indicated he met the requirements for appointment
in accordance with the provisions of National Guard Regulation (NGR) 600-
100, paragraph 2-9 and was extended temporary Federal recognition as
provided by NGR 600-100, chapter 7, effective 4 August 2002.

2.  The applicant took the oath of office of a National Guard officer on 4
August 2002.  Tennessee ARNG (TNARNG) Orders 225-288, dated 13 August 2002,
appointed him in the ARNG in the rank of 2LT, Medical Service Corps and
assigned him to Headquarters and Headquarters Troop (HHT), 1/278th Armored
Cavalry Regiment (ACR), TNARNG as a Field Medical Assistant, effective
4 August 2002.

3.  The applicant appeared before a second FRB on 2 April 2004 to determine
his qualifications for Federal recognition as a 2LT in the Medical Service
Corps.  The 2 April 2004 NGB Form 89 indicated he was found to meet the
requirements for appointment under the provisions of NGR 600-100, paragraph
2-9 and was extended temporary Federal recognition as provided by NGR 600-
100, chapter 2, to be effective 2 April 2004.

4.  TNARNG Orders 093-286, dated 2 April 2004, announced the applicant's
Federal recognition in the ARNG for initial appointment effective 2 April
2004.

5.  NGR 600-100 (Commissioned Officers – 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.

6.  NGR 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.

7.  NGR 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 FRB 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 FRB should
be convened to consider the request again and grant another new period of
temporary Federal recognition if warranted.

8.  NGR 600-100, paragraph 10-15b states that temporary Federal recognition
may be granted by an FRB 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 FRB 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.

9.  Title 32 U.S.C. §307 states:  To be eligible for Federal recognition as
an officer of the National Guard, a person must receive an appointment with
a view to filling a vacancy in a federally recognized unit or organization
of the National Guard; have the qualifications prescribed by the Secretary
concerned for the grade, branch, position, and type of unit or organization
involved; and pass an examination for physical, moral, and professional
fitness.  It provides that Federal recognition thus extended is effective
from the date of appointment in the Army National Guard.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was originally granted temporary Federal recognition
effective
4 August 2002 upon his original appointment in the ARNG.  At that time, his
NGB Form 89 and allied documents should have been forwarded to The Adjutant
General for endorsement to the NGB.  For unknown reasons and through no
fault of the applicant, this action was not taken.

2.  The applicant's Federal recognition packet was considered by a second
FRB on 2 April 2004, which resulted in the NGB issuing orders announcing
extension of Federal recognition to the applicant effective 2 April 2004.

3.  NGR 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.  The applicant executed
his oath of office in the State of Tennessee on 4 August 2002.

4.  32 U.S.C. §307 provides that Federal recognition is effective from the
date of appointment in the Army National Guard.

BOARD VOTE:

__jea___  __jam___  __lmd___  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
issuing an order showing he was extended Federal recognition effective 4
August 2002.



                                        James E. Anderholm
                                  ______________________
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20040010486                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051025                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |125.0200                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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