RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           1 December 2005
      DOCKET NUMBER:   AR20050007711


      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. John T. Meixell               |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Richard G. Sayre              |     |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 his National Guard Federal
Recognition order (initial appointment), dated 30 August 2004, in the grade
of second lieutenant be corrected to show the effective date 16 January
2003.

2.  The applicant states he was initially appointed as a second lieutenant
on 16 January 2003 in the New Mexico Army National Guard (NMARNG) and that
he 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 1 March 2004; an Oath of Office, dated 16 January 2003;
and National Guard Bureau Federal Recognition Orders Number 212 AR, dated
30 August 2004.

CONSIDERATION OF EVIDENCE:

1.  On 16 January 2003, a Federal Recognition Board was held by the NMARNG
to determine if the applicant was qualified to be awarded Federal
Recognition.  The proceedings indicated that the applicant was satisfactory
in his physical qualifications, moral character and general qualifications.


2.  The applicant accepted an appointment as a second lieutenant in the
NMARNG on 16 January 2003.

3.  On 16 January 2003, the applicant executed an Oath of Office as a
second lieutenant in the NMARNG and was granted temporary Federal
Recognition.

4.  There is no evidence that 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 his temporary Federal Recognition expired.

5.  On 17 October 2003, a second Federal Recognition Board was held by the
NMARNG to determine if the applicant was qualified to be awarded Federal
Recognition.  The proceedings indicated that the applicant was satisfactory
in his physical qualifications, moral character and general qualifications.


6.  On 1 March 2004, the applicant executed a second Oath of Office as a
second lieutenant in the NMARNG and was granted temporary Federal
Recognition.
7.  National Guard Bureau Federal Recognition Orders Number 212 AR, dated
30 August 2004, awarded the applicant permanent Federal Recognition for
initial appointment to the grade of second lieutenant, effective 1 March
2004.

8.  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
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.  National Guard Regulation 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.  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.








11.  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.

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

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

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

DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant was granted temporary Federal
Recognition effective 16 January 2003 upon his initial appointment in the
NMARNG as a second lieutenant.  At that time, his Federal Recognition
packet and allied documents should have been forwarded to the Adjutant
General of the State of New Mexico 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 NMARNG Federal Recognition Board.

3.  Based on the recommendations of the second NMARNG Federal Recognition
Board, the National Guard Bureau issued orders awarding the applicant
permanent Federal Recognition effective 1 March 2004.

4.  From the foregoing, it is clear that an administrative error denied the
applicant Federal Recognition effective 16 January 2003.

5.  Based on applicable law and regulation, the applicant is entitled to
have Federal Recognition Order Number 212 AR amended to show the effective
date of permanent Federal Recognition in the grade of second lieutenant is
16 January 2003.

6.  Additionally, based on the above correction and the fact that the
applicant met the time-in grade requirement for promotion to the grade of
first lieutenant, the applicant may be entitled to be awarded permanent
Federal Recognition for promotion to first lieutenant with the effective
date 16 January 2005.  Therefore, his records should be reviewed to
determine if he completed the required educational requirements for
promotion to the grade of first lieutenant prior to 16 January 2005.

BOARD VOTE:

_JTM  __  _ MBL_ ___  _RGS __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL 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 Federal Recognition Order Number 212 AR, dated 30
August 2004, to show that he was extended Federal Recognition effective 16
January 2003 in the grade of second lieutenant.



2.  The Board further recommends that the applicant's records be reviewed
and if it is determined that he met the educational requirements, that his
records be corrected to show he was promoted to the grade of first
lieutenant with an effective date of rank 16 January 2005.





               ___John T. Meixell______
                    CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050007711                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051201                                |
|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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