RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 August 2005
      DOCKET NUMBER:  AR20040011110


      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. James E. Vick                 |     |Chairperson          |
|     |Mr. Ronald J. Weaver              |     |Member               |
|     |Mr. Robert Rogers                 |     |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 5 March 2004, in the grade
of warrant officer one be corrected to show the effective date of 27 June
2003.

2.  The applicant states he was initially appointed as a warrant officer
one on 27 June 2003 in the District of Columbia Army National Guard
(DCARNG) and that his permanent Federal Recognition should have been
effective on that date.

3.  The applicant provides a copy of a NGB Form 89 (Proceedings of a
Federal Recognition Examining Board); an Oath of Office, dated 27 June
2003; an Oath of Office, dated 20 February 2004; National Guard Bureau
Federal Recognition Orders Number 51 AR, dated 5 March 2004; DCARNG Orders
Number 176-028, dated 25 June 2003; and DCARNG Orders Number 050-028, dated
19 February 2004.

CONSIDERATION OF EVIDENCE:

1.  Records show that the applicant served as an enlisted Soldier in the
DCARNG prior to appointment as a warrant officer one.

2.  On 26 June 2002, a Federal Recognition Board was held by the DCARNG to
determine if the applicant was qualified to be awarded permanent Federal
Recognition.  The proceedings indicated that the applicant was satisfactory
in his physical qualifications, moral character and general qualifications.


3.  The applicant's records contain a United States Army Warrant Officer
Career Center Certificate which shows that he graduated as the honor
graduate from the Warrant Officer Candidate School on 27 June 2003.

4.  DCARNG Orders Number 176-028, dated 25 June 2003, show that the
applicant was appointed as a warrant officer one in the DCARNG effective
27 June 2003.

5.  On 27 June 2003, the applicant executed an Oath of Office as a warrant
officer one in the DCARNG and was granted temporary Federal Recognition.

6.  There is no evidence that the applicant received permanent Federal
Recognition as a warrant officer one from the National Guard Bureau within
the six month period required by National Guard/Army regulations.

7.  On 20 February 2004, a second Federal Recognition Board was held by the
DCARNG to determine if the applicant was qualified to be awarded permanent
Federal Recognition.  The proceedings indicated that the applicant was
satisfactory in his physical qualifications, moral character and general
qualifications.

8.  DCARNG Orders Number 050-028, dated 19 February 2004, show that the
applicant was appointed as a warrant officer one in the DCARNG effective
20 February 2004.

9.  On 20 February 2004, the applicant executed a second oath of office for
appointment as a warrant officer one in the DCARNG and was granted
temporary Federal Recognition.

10.  National Guard Bureau Federal Recognition Orders Number 51 AR, dated
5 March 2004, awarded the applicant permanent Federal Recognition for
initial appointment to the grade of warrant officer one, effective 20
February 2004.

11.  National Guard Regulation 600-100 (Commissioned Officers-Federal
Recognition and Related Personnel Actions), 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.

12.  National Guard Regulation 600-101 (Warrant Officers-Federal
Recognition and Related Personnel Actions) provides procedures for
processing all applications for Federal Recognition.  Paragraph 2-2 states
that the appointment of warrant officers is a function of the state
concerned.  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 warrant officers of the Army
with assignment to the Army National Guard of the United States if they
have not already accepted such appointment.
13.  Paragraph 2-4b of National Guard Regulation 600-101, states that the
effective date of Federal Recognition for original appointment is that date
on which the warrant officer executes the oath of office in the State.
Paragraph 2-3 states that temporary Federal Recognition upon initial
appointment establishes the authorized grade to be used by all officers in
their federally recognized status.

14.  Paragraph 2-3 of National Guard Regulation 600-101 states that
temporary Federal Recognition may be extended to a warrant officer who has
been appointed in the ARNG of a State and found to be qualified by a
Federal Recognition Board pending final determination of eligibility and
appointment as a warrant 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.  Paragraph 2-3a of National Guard Regulation 600-101 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 Army National Guard.
 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.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant was considered by a DCARNG Federal
Recognition Board on 26 June 2002 and that board recommended the applicant
be awarded permanent Federal Recognition.





2.  Records further show the applicant was initially appointed as a warrant
officer one on 27 June 2003.

3.  The applicant's Federal Recognition packet and allied documents should
have been forwarded to the Adjutant General of the District of Columbia for
endorsement to the National Guard Bureau for extension of permanent Federal
Recognition.  Through no fault of the applicant, this action was not taken.

4.  Subsequently, the applicant's Federal Recognition packet was considered
by second DCARNG Federal Recognition Board.

5.  Based on the recommendations of the second DCARNG Federal Recognition
Board, the National Guard Bureau issued orders awarding the applicant
permanent Federal Recognition effective 20 February 2004.

6.  From the foregoing, it is clear an administrative error denied the
applicant Federal Recognition effective 27 June 2002.

7.  Based on applicable law and regulation, the applicant is entitled to
have Federal Recognition Order Number 51 AR, dated 5 March 2004 amended to
show the effective date of permanent Federal Recognition in the grade of
warrant officer one was 27 June 2003.

BOARD VOTE:

_RJW___  __RR___  _JEV____  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 51 AR to show that he was
extended Federal Recognition effective 27 June 2003 for initial appointment
as a warrant officer one.




                                     __James E. Vick__
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004001110                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050818                                |
|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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