RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 November 2005
      DOCKET NUMBER:  AR20050009480


      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. Thomas A. Pagan               |     |Chairperson          |
|     |Mr. Eric N. Anderson              |     |Member               |
|     |Mr. Joe R. Schroeder              |     |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 records be corrected to
show that he received permanent Federal Recognition for initial appointment
as a second lieutenant in the Alaska Army National Guard National (AKARNG)
on 11 May 2001.  The applicant further requests that his Federal
Recognition order for promotion to the grade of first lieutenant be amended
to show the effective date 11 May 2003 and that he be paid all back pay and
allowances he is entitled to based on the requested corrections.

2.  The applicant states he was initially appointed as a second lieutenant
on 11 May 2001 in the AKARNG and he never received permanent Federal
Recognition.

3.  The applicant provides a copy of an Oath of Office, dated 11 May 2001;
an Oath of Office, dated 15 May 2001; an AKARNG memorandum for
reassignment, dated 20 November 2001; a copy of an email; a DA Form 1059
(Academic Evaluation Report); an AKARNG memorandum for promotion, dated 31
October 2003; AKARNG Orders Number 365-138, dated 31 December 2003; AKARNG
Orders Number 056-005, dated 25 February 2004; an Oath of Office, dated
6 September 2004; AKARNG Orders Number 288-003, dated 10 October 2004;
National Guard Bureau Federal Recognition Orders Number 298 AR, dated
1 December 2004; a National Guard Bureau memorandum, dated 1 December 2004;
and Department of the Army Orders Number 026-0424, dated 26 January 2005.

CONSIDERATION OF EVIDENCE:

1.  Records show the applicant executed an oath of office as a Reserve
commissioned officer in the grade of second lieutenant on 11 May 2001 at
the University of Alaska-Fairbanks, Fairbanks, Alaska.

2.  Records also show the applicant executed an oath of office, on 15 May
2001, in the grade of second lieutenant in the AKARNG.  This oath of office
also shows the applicant was awarded temporary Federal Recognition.

3.  The applicant's submitted a 20 November 2001 memorandum from
Headquarters, State Area Command, AKARNG, which shows he was reassigned to
another position in the AKARNG effective 1 December 2001.  The memorandum
shows the applicant's rank as second lieutenant

4.  The applicant also submitted a 10 April 2002 email from a captain
inquiring about the applicant's reassignment orders.  The response to this
email essentially indicated that the applicant's accession packet had not
yet been completed.

5.  The applicant completed Infantry Officer Basic Course on 30 April 2003.

6.  The applicant submitted a copy of a 31 October 2003 memorandum from the
commander of Company C, 3rd Battalion (Scout) of the 297th Infantry which
recommended him for promotion to the grade of first lieutenant.

7.  AKARNG Orders Number 365-138, dated 31 December 2003, show the
applicant was ordered to active duty, on 2 January 2004, in support of
Operation Iraqi Freedom.  These orders show his rank as second lieutenant.

8.  There are no orders in the applicant's official military personnel file
(OMPF) which show he was awarded permanent Federal Recognition in the grade
of second lieutenant.

9.  AKARNG Orders Number 056-005, dated 25 February 2004, show the
applicant was promoted to the grade of first lieutenant effective 11 May
2003.  These orders also show the effective date was lined through and
replaced with the hand-written entry "amended 283-003 7 Sep 04" [AKARNG
Orders Number 283-003, dated 7 September 2004].

10.  On 6 September 2004, the applicant executed a second oath of office as
a second lieutenant in the AKARNG and was awarded temporary Federal
Recognition.

11.  AKARNG Orders Number 288-003, dated 14 October 2004, amended AKARNG
Orders Number 056-005, dated 25 February 2004, by changing the effective
date of promotion to show 7 September 2004.

12.  National Guard Bureau Federal Recognition Orders Number 298 AR, dated
1 December 2004, show the applicant was awarded permanent Federal
Recognition for promotion to the grade of first lieutenant effective 7
September 2004.

13.  The applicant's records contain a 1 December 2004 memorandum from the
Chief of the Personnel Division, National Guard Bureau which shows the
applicant was promoted to the grade of first lieutenant in the Reserve of
the Army effective 7 September 2004.
14.  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.

15.  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.

16.  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.

17.  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.

18.  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.

19.  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.

20.  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.  The applicant contends he should be awarded permanent Federal
Recognition as a second lieutenant in the AKARNG effective 11 May 2001 and
that his permanent Federal Recognition to the grade of first lieutenant
should be adjusted to show the effective date 11 May 2001.

2.  Records show he executed an oath of office in the AKARNG on 15 May 2001
and was awarded temporary Federal Recognition.  There is no evidence the
AKARNG held a Federal Recognition Board to determine if the applicant was
qualified for permanent Federal Recognition.

3.  Additionally, there is no evidence the AKARNG forwarded a Federal
Recognition packet to the Chief, National Guard Bureau for award of
permanent Federal Recognition for initial appointment in the AKARNG in the
grade of second lieutenant.

4.  Evidence of record shows the applicant served in the AKARNG in the
grade of second lieutenant until he was promoted to the grade of first
lieutenant on 7 September 2004.

5.  Records further show the applicant successfully completed the Infantry
Officer Basic Course on 30 April 2003.

6.  From the foregoing, it is clear that an administrative error denied the
applicant Federal Recognition effective 15 May 2001, the date of his first
oath of office for initial appointment as a second lieutenant in the
AKARNG.  Although, the applicant requested an initial appointment date of
11 May 2001, the earliest date that he can be granted permanent Federal
Recognition is 15 May 2001, the date he was awarded temporary Federal
Recognition by the AKARNG.

7.  Based on applicable law and regulation, the applicant is entitled to
award of permanent Federal Recognition for initial appointment as a second
lieutenant effective 15 May 2001.

8.  Additionally, based on the above correction and the fact that the
applicant successfully completed the Infantry Officer Basic Course on 30
April 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 15 May 2003.

BOARD VOTE:

_JRS____  __TAP__  _ENA___  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 awarding the applicant permanent Federal Recognition as a
second lieutenant in the AKARNG effective 15 May 2001 and by amending
Federal Recognition Order Number 298 AR, dated 1 December 2004, to show
that he was extended Federal Recognition effective 15 May 2003 in the grade
of first lieutenant.

2.  The Board further recommends that the applicant be paid all back-pay
and allowances dues as a result of these corrections.



                                     __Thomas A. Pagan___
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050009480                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051122                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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