RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        4 August 2004
      DOCKET NUMBER:  AR20040005715


      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. Anderholm            |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |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 that his date of rank to second lieutenant be
corrected to 10 February 2001 instead of 1 September 2002.

2.  The applicant states that he was originally appointed as an officer in
the Louisiana Army National Guard (LAARNG) on 8 May 2002 with the effective
date of rank 10 April 2002.

3.  The applicant continues that the National Guard Bureau (NGB) gave him
1 year, 1 month and 30 days of constructive credit for his
personal/professional experience which should make his date of rank as a
second lieutenant 10 February 2001.

4.  The applicant concludes that through administrative errors and delays
his Federal recognition was delayed and he was given a date of rank of 1
September 2002.

5.  The applicant provides a copy of his Interservice Physician Assistant
Program Diploma; Proceedings of a Federal Recognition Examining Board,
dated 6 April 2002; an Oath of Office, dated 10 April 2002; LAARNG Orders
Number 128-002, dated 8 May 2002; LAARNG Orders Number 128-003, dated 8 May
2002; Proceedings of a Federal Recognition Examining Board, dated 3 October
2003; an Oath of Office, dated 31 October 2003; LAARNG Orders Number 021-
005, dated 21 January 2004; National Guard Federal Recognition Order 27 AR,
dated 4 February 2004; and a Reserve Component Infantry Officer Advanced
Course Certificate of Completion, dated 28 March 2005.

CONSIDERATION OF EVIDENCE:

1.  Records show that the applicant served a period of enlisted service
with the LAARNG prior to his appointment as a second lieutenant.

2.  The applicant's records contain an Academy of Health Sciences, U.S.
Army Diploma which shows that the applicant successfully completed the
Interservice Physician Assistant Program.  This diploma shows that the
applicant attended the course during the period 3 May 1999 through 18 May
2001.

3.  Records show that the applicant was initially certified as a
Physician's Assistant on 23 May 2001.


4.  The applicant submitted a copy of a DA Form 5074-1 R (Record of Award
of Entry Grade Credit (Health Services Officers)), dated 21 February 2002.
This form shows that the applicant was awarded the National Commission on
Certification of Physician Assistants, Certificate Number 1049948 and that
he was awarded 3 months and 28 days of constructive credit.

5.  On 6 April 2002, a Federal Recognition Board was held by the LAARNG 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.

6.  The Federal Recognition Board determined that the applicant met the
requirements for appointment as a first lieutenant and recommended that the
permanent Federal Recognition be effective 28 February 2002.  The Federal
Recognition Board further stated that the applicant will not clinically
practice until permanent Federal Recognition is granted.

7.  On 10 April 2002, the applicant executed an oath of office as a second
lieutenant in the LAARNG and was granted temporary Federal Recognition.

8.  LAARNG Orders Number 128-003, dated 8 May 2002, show that the applicant
was discharged from the Army National Guard and the Reserve of the Army in
the grade of sergeant first class for the purpose of accepting a commission
in the LAARNG.

9.  LAARNG Orders Number 128-002, dated 8 May 2002, show that the applicant
was appointed to the grade of second lieutenant in the Army Medical
Specialty Corps, effective 10 April 2002, with a date of rank of 1 April
1999.

10.  On 3 October 2003, a second Federal Recognition Board was held by the
LAARNG 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.


11.  The Federal Recognition Board determined that the applicant met the
requirements for appointment as a second lieutenant and recommended that
the permanent Federal Recognition be effective the date of his oath of
office.  The Federal Recognition Board further stated that the applicant
will not clinically practice until permanent Federal Recognition is
granted.

12.  On 31 October 2003, the applicant executed a second oath of office as
a second lieutenant in the LAARNG and was granted temporary Federal
Recognition.

13.  LAARNG Orders Number 021-005, dated 21 January 2004, shows that the
applicant was appointed to the grade of second lieutenant in the Army
Medical Specialist Corps on 31 October 2003 with a date of rank of 1
September 2002.

14.  The applicant's official military personnel file contains a DA Form
5074-R, dated 2 February 2004, which shows that the applicant was awarded 1
year, 1 month, and 30 days of constructive credit for his professional
experience.  This form further shows that the credit was calculated at 1/2
credit for the applicant's professional experience during the period 1 July
2001 through 31 October 2003.

15.  National Guard Bureau Federal Recognition Orders Number 27 AR, dated
4 February 2004, awarded the applicant permanent Federal Recognition for
initial appointment to the grade of second lieutenant, effective 31 October
2003 with a date of rank of 1 September 2002.

16.  The applicant's records contain a Certificate of Completion from the
Army Institute for Professional Development, dated 28 March 2005, which
shows that he successfully completed phase one of the Reserve Component
Infantry Officer Advanced Course.

17.  On 8 June 2005, the staff of the ABCMR requested that the Chief,
National Guard Bureau review the application and applicable records and
provide a comprehensive advisory opinion.

18.  On 24 June 2005, the National Guard Bureau provided a two-page
advisory opinion which essentially states:

      a.  that NGB Personnel Policy and Readiness Division concurs that the
applicant's date of rank needs to be adjusted due to administrative errors
which prevented him from receiving permanent Federal Recognition within the
six month requirement,

      b.  that NGB Personnel Policy and Readiness Division does not concur
with the applicant's request for constructive credit of 1 year, 1 month,
and 30 days;

      c.  that the DA Form 5074-R, signed on 21 February 2002, which gave
the applicant constructive credit of 3 months and 28 days is correct;
      d.  that the constructive credit in the amount of 3 months and 28
days makes the applicant's date of rank as a second lieutenant 12 December
2001; and

      e.  recommended that the applicant's date of rank to second
lieutenant be amended to show 12 December 2001.

19.  On 29 June 2005, the applicant was provided a copy of the NGB advisory
opinion for review and comment.

20.  On 20 July 2005, a captain in the position of Battalion Personnel
Officer of the 1st Battalion 156 Armor Battalion, Camp Liberty, Iraq,
provided a rebuttal response to the NGB advisory opinion.

21.  This rebuttal essentially stated that the applicant agrees with all
aspects of the advisory opinion with the exception of the amount of
constructive credit.  The personnel officer stated that the NGB must have
referenced the wrong DA Form 5074-R and the personnel officer provided a
copy of a DA Form 5074-R, dated 2 February 2004, which awarded the
applicant 1 year, 1 month, and 30 days of constructive credit.

22.  The personnel officer continued that DA Form 5074-R was prepared on
29 January 2004, approved on 2 February 2004 and stamped 3 February 2004.
Therefore, the personnel officer concluded that the applicant is entitled
to 1 year, 1 month, and 30 days of constructive credit.

23.  Army Regulation 135-101 (Appointment of Reserve Commissioned Officers
for Assignment to Army Medical Department Branches) provides policy for the
appointment of reserve commissioned officers for assignment to Army medical
branches.  In pertinent part, it states that the grade and date of rank
upon original appointment and assignment to an Army Medical Department
(AMEDD) branch will be determined by the number of years of entry grade
credit awarded.  Except as limited by maximum credit limits, entry grade
credit granted will be the sum of constructive service credit and the
credit for prior active commissioned service.

24.  Table 3-1 of Army Regulation 135-101 states that 1/2 year credit will
be awarded for each year of full-time experience not otherwise credited as
a practicing physician, osteopath, or dentist after a qualifying degree.

25.  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.

26.  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.

27.  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.

28.  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.

29.  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.

30.  Table 2-1 of Army Regulation 135-155 states that the minimum time in
grade as a second lieutenant for promotion to first lieutenant is 2 years.

31.  Table 2-2 of Army Regulation 135-155 states, in pertinent part, that
second lieutenants must complete a resident officer basic course to be
eligible for promotion to first lieutenant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his date of rank to second lieutenant
should be corrected to show 10 February 2001 because he was awarded 1 year,
1 month, and 30 days of constructive credit.

2.  Evidence of record shows that he was certified as a Physician's
Assistant on 23 May 2001.

3.  Evidence of record further shows that the applicant was initially
appointed as a second lieutenant on 10 April 2002.

4.  In accordance with applicable law and regulation, the applicant is
entitled to award of constructive credit in the amount of 1/2 credit from
the date of his certification as a Physician's Assistant on 23 May 2001
until the day before his appointment as a commissioned officer on 10 April
2002.

5.  Based on the formula in paragraph 4 above, the applicant only is
entitled to 5 months and 8 days of constructive credit.  The applicant is
not entitled to the 1 year, 1 month, and 30 days as requested.

6.  As a result of the award of 5 months and 8 days of constructive credit,
the applicant is entitled to have his date of rank to second lieutenant
corrected to show the date 2 November 2001.


7.  Therefore, it would be appropriate to amend Federal Recognition Order
Number 27 AR, dated 4 February 2004, to show the effective date of
permanent Federal Recognition for initial appointment in the grade of
second lieutenant was 2 November 2001.

8.  The applicant completed the time-in grade requirements and therefore,
he is also entitled to have his records corrected to show that he is
awarded permanent Federal Recognition for promotion to the grade of first
lieutenant effective 2 November 2003.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_LD_____  __JA___  __RD____  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 partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by showing that the effective date of rank for the
grade of second lieutenant was 2 November 2001 and that he was promoted to
the grade of first lieutenant effective 2 November 2003.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
the request for constructive credit in the amount of 1 year, 1 month, and
30 days and the request for the correction of his date of rank to second
lieutenant to show the effective date 10 February 2001.




                                     ___James E. Anderholm_____
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20040005715                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/08/04                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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