RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           4 May 2004
      DOCKET NUMBER:   AR2004101425


      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. Stanley Kelley                |     |Chairperson          |
|     |Mr. Joe R. Schroeder              |     |Member               |
|     |Mr. William D. Powers             |     |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 date of rank (DOR) to
second lieutenant (2LT) and effective pay date be changed from 16 March
2002 to 21 February 2002, the date that she was commissioned as a 2LT.

2.  The applicant essentially states that she was informed by "officer
records" that she would have to be considered by a Federal Recognition
Board prior to being commissioned as a 2LT in the Texas Army National Guard
(TXARNG).

3.  The applicant continues that she should have been considered by a
Federal Recognition Board prior to the date that she federally commissioned
at Fort Benning, Georgia.

4.  The applicant provides in support of this application:  a one-page self-
authored statement; a DA FORM 71 (Oath of Officer-Military Personnel),
dated 21 February 2002; a NGB Form 337 (Oath of Office), dated 16 March
2002; a 21 February 2002 Notice of Appointment as a Reserve Commissioned
Officer; a 21 February 2002 certificate of appointment as a 2LT; Department
of the Army Special Orders Number 95 AR; a copy of the Proceedings of a
Federal Recognition Examining Board, dated 14 March 2002; State of Texas
Orders Number 80-715, dated 21 March 2002 and a 14 February 2001 request
for exception to policy for age waiver.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a 2LT in the United States Army Reserve
(USAR) on 21 February 2002 for an indefinite period.

2.  On 21 February 2002, the applicant executed an Oath of Office as a
second lieutenant in the USAR.

3.  On 14 March 2002, a Federal Recognition Board was held by the TXARNG 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.  On 16 March 2002, the applicant executed an Oath of Office as a second
lieutenant in the TXARNG and was granted temporary Federal Recognition.

5.  State of Texas Orders Number 80-175, dated 21 March 2002, appointed the
applicant in the TXARNG, with an effective date of 16 March 2002.

6.  National Guard Bureau Federal Recognition Orders Number 95 AR, dated
1 April 2002, awarded the applicant permanent Federal Recognition for
initial appointment to the grade of second lieutenant effective 16 March
2002.

7.  The applicant's official military personnel records contain an officer
evaluation report for the period 8 March 2003 through 15 June 2003 which
shows in block d (Date of Rank) the entry "2002 01 10."

8.  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.

9.  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.

10.  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.

11.  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.  The applicant contends that her date of rank should be changed to show
21 February 2002, the date that she was appointed as a 2LT in the USAR and
that she is entitled to receive back pay from that date.

2.  Records show that the applicant was appointed as a 2LT in the USAR on
21 February 2002.

3.  Records show that on 16 March 2002, the applicant was appointed in the
TXARNG as a 2LT and granted temporary Federal Recognition with an effective
date of 16 March 2002

4.  Subsequently, the applicant's Federal Recognition packet was considered
by a TXARNG Federal Recognition Board and based on the recommendations of
the TXARNG Federal Recognition Board, the National Guard Bureau issued
orders awarding the applicant permanent Federal Recognition effective 16
March 2002.

5.  The applicant's date of rank is the date that the applicant was
commissioned as a 2LT in the USAR.  Therefore, the applicant is entitled to
have her date of rank to 2LT corrected to show 21 February 2002.

6.  The applicant infers that there is a pay error related to her promotion
to 2LT, however, there is no evidence which supports this argument.
Therefore, in the absence of evidence to the contrary, the applicant's
effective date for pay is correct as currently constituted?

BOARD VOTE:

__SK___  _WDP___  _JRS___    GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

1.  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 her date of rank to 2LT to show the effective date of
21 February 2002.

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
adjustment of the effective date of pay for the grade of 2LT.



                __Stanley Kelley____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004101425                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004\05\04                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |