RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 November 2005
      DOCKET NUMBER:  AR20050001995


      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:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 Federal Recognition to be effective 1 June 1999
as a Warrant Officer One (WO1).  In effect, he additionally requests that
his National Guard Service from 1 June 1999 through 31 May 2001, as a WO1,
be creditable service in the Army National Guard of the United States and
the Reserve of the Army.  Also, that his promotion to the grade of Chief
Warrant Officer Two (CW2) effective date of 1 June 2001 be amended to show
it is permanently Federally Recognized.

2.  The applicant states he was originally awarded Federal Recognition on
23 March 1999, but it was revoked on 26 September 2001 because he was
unable to accept his commission and work full-time.  Due to no fault of his
own he was never issued another initial Federal Recognition after the first
one was revoked.

3.  The applicant provides:

      a.  Memorandum for Army Board for Correction of Military Records
(ABCMR), dated 31 January 2005, from the Chief, Tennessee Army National
Guard (TNARNG), Officer Personnel Branch requesting the applicant's Federal
Recognition be made effective to 1 June 1999 as a WO1.

      b.  A copy of Special Orders Number 142 AR, dated 25 May 2001,
promoting the applicant to Chief Warrant Officer Two (CW2) effective 1 June
2001.

      c.  Memorandum for National Guard Bureau (NGB), dated 13 September
2004, from the Deputy Chief of Staff for Personnel, TNARNG, explaining the
circumstances of the applicant's lack of Federal Recognition.

      d.  3 pages of E-mails within the NGB explaining the applicant's
situation and information given back on what he needs to do to get his
proper Federal Recognition.

      e.  A copy of an E-mail, dated 28 November 2000, from TNARNG to the
NGB requesting a copy of the Federal Recognition for the applicant.

      f.  A copy of the applicant's initial Federal Recognition orders
number 56 AR dated 23 March 1999 and a copy of the revocation orders number
258 AR dated 26 September 2001.

      g.  A copy of Memorandum, dated 3 March 1999, from the Deputy Chief
of Staff for Personnel, TNARNG, requesting a Certificate of Eligibility for
Appointment of Officer/Warrant Officer for the applicant.

      h.  A copy of the applicant's application for Federal Recognition
dated
8 May 1999.

      i.  A copy of the Oath of Office for the applicant dated 1 June 1999.

      j.  A copy Orders 147-230, dated 27 May 1999, appointing the
applicant as a Warrant Officer and giving him Federal Recognition effective
1 June 1999.

      k.  A copy of NGB Form 89 (Proceedings of a Federal Recognition
Examining Board) dated 23 April 1998 found the applicant qualified for
appointment upon completion of Warrant Officer Candidate School.

      l.  2 pages of E-mails within the NGB giving instructions on Federal
Recognition and promotion to CW2.

CONSIDERATION OF EVIDENCE:

1.  Special Orders Number 56 AR, dated 23 March 1999, indicate the
applicant was initially appointed as a WO1 and given temporary Federal
Recognition effective 23 March 1998 from Warrant Officer Candidate School.
It was later revoked because he did not have a fulltime position by Special
Orders Number 258 AR dated 26 September 2001.

2.  On 1 June 1999, the applicant executed another Oath of Office as a WO1
in the TNARNG and was granted temporary Federal Recognition as a
Counterfire Officer, with HHB, 196th Field Artillery Brigade, TNARNG.

3.  On 25 May 2001, the applicant was promoted to the grade of CW2 with an
effective date of 1 June 2001 by Special Orders Number 142 AR.

4.  On 13 September 2004, the TNARNG discovered that the applicant had
never been given a second Federal Recognition Board after the first one had
been revoked.  Complicating matters was the fact he had been subsequently
promoted to CW2.

5.  The guidance from the NGB to TNARNG was the applicant had to apply to
the ABCMR for a correction of his records to resolve his lack of Federal
Recognition.
6.  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 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.

7.  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, 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 warrant officers of the Army with assignment to the Army
National Guard of the United States if they have not already accepted such
appointment.

8.  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.

9.  Paragraph 2-3 of NGR 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.
10.  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 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.

11.  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.  Evidence of record indicates that the TNARNG allowed the applicant to
fill a position assuming that his temporary Federal Recognition had been
approved.  He worked in this position and was subsequently promoted to CW2.

2.  Sometime during calendar year 2004 TNARNG discovered that the
applicant's temporary Federal Recognition had never been processed to
completion and he had been subsequently promoted to CW2.

3.  The various E-mail messages within the NGB indicates that applicant
should be given Federal Recognition effective the date of his Oath of
Office.  Further it was determined that his promotion should not be
revoked.  Guidance given was he should apply to the ABCMR for a correction
and he be allowed to keep any pay and allowances he earned as a result of
his promotion to CW2.

4.  Clearly an injustice occurred through no fault of the applicant.  It
would be in the interest of justice to correct his records to show he was
given Permanent Federal Recognition effective 1 June 1999 and he be allowed
to keep all pay and allowances he received as a result of his promotion.
BOARD VOTE:

__mkp___  __lds___  __mjf___  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:


      a.  showing the service as a WO1 for the period 1 June 1999 through
31 May 2001 was Federally recognized;

      b.  showing the service as a CW2 for the period 1 June 2001 to present
is Federally recognized; and

      c.  by allowing the applicant to keep any pay and allowances he
earned as a result of his promotion to CW2.



                                        Margaret K. Patterson
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001995                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051110                                |
|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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