RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 December 2005
      DOCKET NUMBER:  AR20050004240


      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 C. Hise                 |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 the effective date of rank as a second
lieutenant be corrected to show the date 1 April 2003.

2.  The applicant states his direct commission packet was suspended after
being approved because he was deployed in an enlisted status in Iraq.  He
continues that he was deployed to Operation Iraqi Freedom and that he was
commissioned the day he returned.

3.  The applicant provides a self-authored statement; a memorandum from his
commander; a memorandum from the Army Medical Department (AMEDD) recruiter;
a copy of his Predetermination Review Board packet; Washington Army
National Guard (WAARNG) Orders Number 247-03; an Oath of Office, dated
28 August 2003; National Guard Bureau Federal Recognition Orders AR 256;
and a copy of his DA Form 2-1 (Personnel Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  Records show the applicant served as an enlisted Soldier in the WAARNG
prior to being commissioned as second lieutenant.

2.  The applicant's records show that on 10 March 2003, the applicant's age
and age in grade waiver for appointment as a commissioned officer was
approved by the Deputy Chief of Staff for Personnel of the WAARNG.

3.  The applicant's records contain a copy of the direct appointment packet
which shows the applicant was recommended for direct appointment as a
commissioned officer in the WAARNG.  This packet also shows the appointment
was suspended pending the applicant's return to the State of Washington and
subsequent predetermination action.

4.  On 25 August 2003, a Federal Recognition Board was held by the WAARNG
to determine if the applicant was qualified to be awarded Federal
Recognition.  The proceedings indicated the applicant was satisfactory in
his physical qualifications, moral character and general qualifications.

5.  The applicant's records contain a NGB Form 22 (National Guard Bureau-
Report of Separation and Record of Service).  This form shows the applicant
was separated from the WAARNG as a sergeant first class/ pay grade E-7 on
27 August 2003 for the purpose of accepting appointment as a commissioned
officer.
6.  On 28 August 2003, the applicant executed an Oath of Office as a second
lieutenant in the WAARNG and was granted temporary Federal Recognition.

7.  WAARNG Orders Number 247-03, dated 4 September 2003, show the applicant
was appointed as a second lieutenant in the WAARNG effective 28 August
2003.

8.  A U.S. Total Army Personnel Command memorandum, dated 30 September
2003, shows the applicant was appointed as a Reserve Commissioned Officer
of the Army effective 28 August 2003.

9.  National Guard Bureau Federal Recognition Orders Number 256 AR, dated
7 October 2003, awarded the applicant permanent Federal Recognition for
initial appointment to the grade of second lieutenant, effective 28 August
2003.

10.  The applicant provided a letter of support from an AMEDD technician
for the WAARNG.  The AMEDD Technician stated the applicant began his
pursuit of his commission as a physician's assistant in early 2000 and that
his packet was forwarded to an AMEDD Board but was returned pending
approval of a medical waiver.

11.  The technician continued that the applicant's waiver was disapproved
twice by the National Guard Bureau Surgeon.  He continues that the
applicant again sought his commission while deployed in Iraq, that his
medical waiver was approved while he was in Iraq and that the applicant had
to wait until he returned from deployment before he could become a
commissioned officer.

12.  The technician concluded that had the applicant's medical waiver been
approved the first time, the applicant would have been commissioned in late
2000 or early 2001.

13.  There is no evidence in the applicant's records which shows he applied
for a waiver of a medical condition nor is there evidence which shows that
such a request was denied on any occasion.

14.  The applicant submitted a memorandum from the Commander of Alpha
Company, 1st Battalion, 19th Special Forces Group (Airborne), dated 3
February 2005.  The unit commander stated the applicant's predetermination
packet was approved in February 2003 and signed by the brigadier general on
10 March 2003.  He continues the applicant's appointment was suspended
until his return from Operation Iraqi Freedom and the end of his Title 10
status on 27 August 2003.
15.  The unit commander contends the applicant was unable to appear before
the Federal Recognition Board until 28 August 2003, the date of his
appointment.

16.  The unit commander states the applicant's date of appointment as a
second lieutenant should be adjusted to 1 April 2003, the date of first
Federal Recognition Board that the applicant would have appeared before if
he was not deployed.

17.  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
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.

18.  National Guard Regulation 600-100, paragraph 2-2 states 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the effective date of his initial appointment as
a second lieutenant should be changed to 1 April 2003.

2.  Although, the applicant provided a letter from an AMEDD technician
which stated his direct appointment packet was delayed twice because of
denial of a medical waiver by the National Guard Bureau Surgeon, there is
no evidence and the applicant has not provided sufficient evidence which
shows he requested a medical waiver or that such a waiver was not processed
in accordance with applicable regulations.

3.  Evidence of records shows the applicant applied for direct appointment
while serving in Operation Iraqi Freedom and the brigadier
 general with approval authority, approved the direct appointment packet
with the stipulation that it would not be executed until the applicant
returned from his deployment in Iraq.
4.  Records show the applicant separated from his enlisted status on 27
August 2003 for the purpose of accepting a commission as a second
lieutenant.

5.  The applicant executed an oath of office on 28 August 2003 and was
appointed by WAARNG as a second lieutenant.

6.  Based on the fact the applicant applied for appointment as a
commissioned officer while he deployed to Operation Iraqi Freedom and the
general officer with approval authority of his direct appointment packet
clearly stated the applicant would not be appointed until his return from
deployment, the applicant's date of appointment in the WAARNG is correct as
currently constituted.  Therefore, there is no basis to grant the relief
requested.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JCH___  __REB__  _JRM ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





                                      _James C. Hise______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004240                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/12/20                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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