RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 August 2006
      DOCKET NUMBER:  AR20050010694


      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. Anderholm            |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. James R. Hastie               |     |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 8 March 2004, in the grade
of second lieutenant be corrected to show the effective date 23 May 2003.
The applicant also requests that his date of rank to first lieutenant be
adjusted accordingly.

2.  The applicant states he was initially appointed as a second lieutenant
on 16 January 2003 in the Utah Army National Guard (UTARNG) 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 14 May 2003, a Federal Recognition Board was held by the UTARNG 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.  UTARNG Orders Number 135-003, dated 5 May 2003, discharged the
applicant from the UTARNG as a staff sergeant effective 22 May 2003.  These
orders further show that the applicant was appointed as a second lieutenant
in the UTARNG effective 23 May 2003.

3.  On 23 May 2003, the applicant executed an Oath of Office as a second
lieutenant in the UTARNG and was granted temporary Federal Recognition.

4.  On 23 May 2003, the applicant successfully completed the Interservice
Physician Assistant Program.

5.  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.


6.  On 23 January 2004, a second Federal Recognition Board was held by the
UTARNG 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.


7.  On 23 January 2004, the applicant executed a second Oath of Office as a
second lieutenant in the UTARNG and was granted temporary Federal
Recognition.

8.  National Guard Bureau Federal Recognition Orders Number 52 AR, dated
8 March 2004, awarded the applicant permanent Federal Recognition for
initial appointment to the grade of second lieutenant, effective 23 January
2004 with the date of rank of 23 August 2003 .

9.  UTARNG Orders Number 237-003, dated 25 August 2005, show that the
applicant was promoted to the grade of first lieutenant effective 25 August
2005.

10.  On 23 January 2006, the UTARNG requested that the Chief, National
Guard Bureau grant the applicant constructive credit for the Officer Basic
Course.

11.  On 27 January 2006, the Chief of the Personnel Policy Branch of the
National Guard Bureau granted award of constructive credit for the Officer
Basic Course to the applicant.

12.  National Guard Bureau Federal Recognition Orders Number 28 AR, dated
27 January 2006, awarded the applicant permanent Federal Recognition for
promotion to the grade of first lieutenant, effective 25 August 2005.

13.  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.


14.  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.

15.  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.

16.  National Guard Regulation 600-100, paragraph 10-15b 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 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.

17.  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 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.

18.  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.

19.  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 23 May 2003 upon his initial appointment in the
UTARNG 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 Utah 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 UTARNG Federal Recognition Board.

3.  Based on the recommendations of the second UTARNG Federal Recognition
Board, the National Guard Bureau issued orders awarding the applicant
permanent Federal Recognition effective 23 January 2004.

4.  From the foregoing, it is clear that an administrative error denied the
applicant permanent Federal Recognition effective 23 May 2003.

5.  Based on applicable law and regulation, the applicant is entitled to
have Federal Recognition Order Number 52 AR, dated 8 March 2004, amended to
show the effective date of permanent Federal Recognition in the grade of
second lieutenant as 23 May 2003.

6.  Additionally, the applicant should have been promoted to the grade of
first lieutenant on 23 May 2005.  Therefore, he is entitled to have Federal
Recognition Order Number 28 AR, dated 27 January 2006, amended to show the
applicant was awarded permanent Federal Recognition for promotion to the
grade of first lieutenant, effective 23 May 2005.  He is also entitled to
all back pay and allowances as a result of the corrections.








BOARD VOTE:

_JEA_____  _DED___  _JRH___  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.  amending Federal Recognition Order Number 52 AR, dated 8 March
2004, to show the effective date of permanent Federal Recognition in the
grade of second lieutenant as 23 May 2003; and

      b.  amending Federal Recognition Order Number 28 AR, dated 27 January
2006, to show the effective date of permanent Federal Recognition for
promotion to the grade of first lieutenant as 23 May 2005, with entitlement
to all back pay and allowances.




                                    __James E. Anderholm_
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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