RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            20 April 2004
      DOCKET NUMBER:   AR2004101321


      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. Thomas D. Howard, Jr.         |     |Chairperson          |
|     |Ms. Jennifer L. Prater            |     |Member               |
|     |Mr. Lawrence Foster               |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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 her National Guard Federal
Recognition Order (Initial Appointment), dated 6 January 2004, be corrected
to show the effective date of 23 May 2001.

2.  The applicant states she was initially appointed as a second lieutenant
on 23 May 2001.

3.  The applicant continues that her initial Federal Recognition packet was
never processed by the National Guard Bureau (NGB) and since her initial
Federal Recognition packet was not processed by the NGB, her temporary
Federal Recognition expired and therefore, she could not be timely
promoted.

4.  The applicant provides a copy of the Proceedings of a Federal
Recognition Examining Board, dated 23 May 2001; a 23 May 2001 Oath of
Office; a copy of the Proceedings of a Federal Recognition Examining Board,
dated 20 August 2003; a 20 August 2003 Oath of Office and Department of the
Army Special Orders Number 330 AR.

CONSIDERATION OF EVIDENCE:

1.  The applicant was commissioned in the Iowa Army National Guard (IAARNG)
as a second lieutenant on 23 May 2001.

2.  On 23 May 2001, the applicant executed an Oath of Office as a second
lieutenant in the IAARNG and was granted temporary Federal Recognition.

3.  On 23 August 2001, a Federal Recognition Board was held by the IAARNG
to determine if the applicant was qualified to be awarded Federal
Recognition.  The proceedings indicated that the applicant met physical,
moral character and general qualifications required for Federal
Recognition.

4.  There is no evidence that the applicant was awarded permanent Federal
Recognition by the National Guard Bureau based on the results of the 23 May
2001 IAARNG Federal Recognition Board.

5.  On 20 August 2003, the applicant executed a second Oath of Office as a
second lieutenant in the IAARNG and was granted temporary Federal
Recognition.

6.  National Guard Bureau Federal Recognition Orders Number 330 AR awarded
the applicant permanent Federal Recognition for initial appointment to the
grade of second lieutenant effective 20 August 2003.

7.  NGR 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, 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.

8.  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.

9.  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.

10.  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.




DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant was granted temporary Federal
Recognition effective 23 May 2001 upon her initial appointment in the
IAARNG as a second lieutenant.  At that time, her Federal Recognition
packet and allied documents should have been forwarded to the Adjutant
General of the State of Iowa 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.  Subsequently, the applicant's Federal Recognition packet was considered
by another IAARNG Federal Recognition Board.  Based on the recommendations
of the IAARNG Federal Recognition Board, the National Guard Bureau issued
orders awarding the applicant permanent Federal Recognition effective
26 August 2003.

3.  From the foregoing, it is clear that an administrative error denied the
applicant Federal Recognition effective 23 May 2001.  Based on applicable
law and regulation the applicant is entitled to have Federal Recognition
Order Number 330 AR amended to show the effective date of permanent Federal
Recognition in the grade of second lieutenant is 23 May 2001.

BOARD VOTE:

__TDH___  __LF___  _JLP____  GRANT 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 330 AR to show that he was
extended Federal Recognition effective 23 May 2001.




             _Thomas D. Howard, Jr.__
                    CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004101321                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/04/20                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |