RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          18 August 2005
      DOCKET NUMBER:  AR20050004378


      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. Vick                 |     |Chairperson          |
|     |Mr. Ronald J. Weaver              |     |Member               |
|     |Mr. Robert Rogers                 |     |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, in effect, that her National Guard Federal
Recognition order (initial appointment), dated 19 February 2004, in the
grade of second lieutenant be corrected to show the effective date 9 August
2002.

2.  The applicant states she was initially appointed as a second lieutenant
on 9 August 2002 in the Michigan Army National Guard (MIARNG) and she never
received permanent Federal Recognition.

3.  The applicant provides a copy of the current NGB Form 89 (Proceedings
of a Federal Recognition Examining Board); the initial NGB Form 89; an Oath
of Office, dated 16 December 2003; an Oath of Office, dated 9 August 2002;
and National Guard Bureau Federal Recognition Orders Number 38 AR, dated
19 February 2004.

CONSIDERATION OF EVIDENCE:

1.  On 31 May 2002, a Federal Recognition Board was held by the MIARNG to
determine if the applicant was qualified to be awarded Federal Recognition.
 The proceedings indicated the applicant was satisfactory in her physical
qualifications, moral character and general qualifications.

2.  The applicant accepted an appointment as a second lieutenant in the
MIARNG on 9 August 2002.

3.  On 9 August 2002, the applicant executed an Oath of Office as a second
lieutenant in the MIARNG and was granted temporary Federal Recognition.

4.  There is no evidence the applicant received permanent Federal
Recognition as a second lieutenant from the National Guard Bureau within
the six month period required by National Guard/Army regulations.  As a
result, her temporary Federal Recognition expired.

5.  The applicant's records contain a DA Form 1059 (Service School Academic
Evaluation Report), dated 21 November 2003, which shows the applicant
successfully completed Signal Officer Basic Course on 21 November 2003.

6.  On 16 December 2003, a second Federal Recognition Board was held by the
MIARNG to determine if the applicant was qualified to be awarded Federal
Recognition.  The proceedings indicated the applicant was satisfactory in
her physical qualifications, moral character and general qualifications.
7.  On 16 December 2003, the applicant executed a second Oath of Office as
a second lieutenant in the MIARNG and was granted temporary Federal
Recognition.

8.  National Guard Bureau Federal Recognition Orders Number 38 AR, dated
19 February 2004, awarded the applicant permanent Federal Recognition for
initial appointment to the grade of second lieutenant, effective 16
December 2003.

9.  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.

10.  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.

11.  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 ARNG 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.

12.  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 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.

13.  Paragraph 2-1 of Army Regulation 135-155 (Promotion of Commissioned
Officers and Warrant Officers Other Than General Officers) states, in
pertinent part, 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.

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

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

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant was granted temporary Federal Recognition
effective 9 August 2002 upon her initial appointment in the MIARNG 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 Michigan 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 MIARNG Federal Recognition Board.

3.  Based on the recommendations of the second MIARNG Federal Recognition
Board, the National Guard Bureau issued orders awarding the applicant
permanent Federal Recognition effective 16 December 2003.

4.  From the foregoing, it is clear that an administrative error denied the
applicant Federal Recognition effective 9 August 2002.
5.  Based on applicable laws and regulations, the applicant is entitled to
have Federal Recognition Order Number 38 AR, dated 19 February 2004,
amended to show the effective date of permanent Federal Recognition in the
grade of second lieutenant is 9 August 2002.

6.  Additionally, based on the above correction and the fact the applicant
successfully completed the Signal Officer Basic Course on 21 November 2003
and met the time-in grade requirement for promotion to the grade of first
lieutenant, the applicant is entitled to be awarded permanent Federal
Recognition for promotion to first lieutenant with the effective date of 9
August 2004.

BOARD VOTE:

_RJW____  _RR___  __JEV___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented was sufficient to warrant a
recommendation for relief.  As a result, the Board recommends all
Department of the Army records of the individual concerned be corrected by
amending Federal Recognition Order Number 38 AR, dated 19 February 2004, to
show she was extended Federal Recognition effective 9 August 2002 in the
grade of second lieutenant.

2.  The Board further recommends the applicant be promoted to the grade of
first lieutenant with an effective date of rank of 9 August 2004.





                __James E. Vick_______
                    CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004378                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050831                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Grant                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |125.0200.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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