RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 January 2006
      DOCKET NUMBER:  AR20050014202


      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:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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 his date of rank for appointment to the grade of
captain be adjusted to 24 May 2004, the day after his graduation from Tufts
University School of Dental Medicine.

2.  The applicant states that his initial packet for appointment as a
second lieutenant was never processed which caused delays in his
appointment to captain.

3.  The applicant provides a copy of an Oath of Office, dated 3 July 2001;
Massachusetts Army National Guard (MAARNG) Orders Number 213-11, dated 1
August 2001; National Guard Bureau Federal Recognition Orders Number
148 AR, dated 11 May 2005; National Guard Bureau Federal Recognition Orders
Number 189 AR, dated 22 June 2005; and a Graduation Certification Letter
from Tufts University, School of Medicine.

CONSIDERATION OF EVIDENCE:

1.  On 3 July 2001, the applicant executed an Oath of Office as second
lieutenant/captain in the MAARNG and was granted temporary Federal
Recognition.

2.  On 1 August 2001, a Federal Recognition Board was held by the MAARNG 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.  The
Federal Recognition Board stipulated that applicant will be appointed as a
second lieutenant/captain and that upon graduation from Dental School will
be appointed as a captain in the Dental Corps.

3.  MAARNG Orders Number 213-11, dated 1 August 2001, show the applicant
was appointed as a second lieutenant in the Dental Corps.

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 9 December 2003, the applicant applied for Federal Recognition as an
Army National Guard Officer in the MAARNG.  On 5 February 2004, the
Adjutant General approved the applicant's request for appointment in the
MAARNG.

6.  Records show the applicant successfully completed the AMEDD [Army
Medical Department] Officer Basic Course on 16 January 2004.

7.  On 5 February 2004, a second Federal Recognition Board was held by the
MAARNG 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.
 The Federal Recognition Board stipulated that applicant will be appointed
as a second lieutenant and that upon successful completion of the
prescribed requirements will be appointed as a captain in the Dental Corps.

8.  On 5 February 2004, the applicant executed a second Oath of Office as
second lieutenant/captain in the MAARNG and was granted temporary Federal
Recognition.

9.  MAARNG Orders Number 36-3, dated 5 February 2004, show the applicant
was appointed in the MAARNG, as a second lieutenant in the Dental Corps.

10.  MAARNG Orders Number 36-2, dated 5 February 2004, revoked MAARNG
Orders Number 213-11, dated 1 August 2001, which initially appointed the
applicant in the MAARNG.

11.  Tufts University, School of Dental Medicine awarded the applicant a
Doctor of Dental Medicine degree on 23 May 2004.

12.  On 21 April 2005, a third Federal Recognition Board was held by the
MAARNG 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.
 The Federal Recognition Board did not provide an education stipulation.

13.  On 21 April 2005, the applicant executed a third Oath of Office as a
second lieutenant in the MAARNG and was awarded temporary Federal
Recognition.

14.  DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health
services Officers)), dated 21 April 2005, shows the applicant was not
awarded entry grade credit for attendance at the University of Maryland.
This form contains the remark "Initial Appointment (Dental Student)."
15.  DA Form 5074-1-R, dated 23 April 2005, shows the applicant was awarded
4 years, 0 months, and 0 days of constructive credit for attendance at the
Tufts University School of Dentistry.  This form contains the remark
reappointment from MS/DC to DC" [Medical Service/Dental Corps to Dental
Corps].

16.  MAARNG Orders 118-17, dated 28 April 2005, show the applicant was
appointed as a second lieutenant in the MAARNG, effective 21 April 2005.

17.  National Guard Bureau Federal Recognition Orders Number 148 AR, dated
11 May 2005, show the applicant was initially appointed as a second
lieutenant on 21 April 2005 with a date of rank of 21 April 2005.

18.  U.S. Human Resources Command memorandum, dated 31 May 2005, shows the
applicant was appointed as a Reserve Commissioned Officer in the grade of
second lieutenant effective 21 April 2005.

19.  MAARNG Orders Number 167-25, dated 16 June 2005, show the applicant
was discharged from the Army National Guard and the Reserve of the Army in
the grade of second lieutenant on 22 April 2005.  These orders further show
the applicant was appointed in the MAARNG in the grade of captain in the
Dental Corps on 23 April 2005.

20.  National Guard Bureau Federal Recognition Orders Number 189 AR, dated
22 June 2005, show the applicant was awarded permanent Federal recognition
in the grade of captain for initial appointment in the Dental
Corps/reappointment from Medical Services Corps effective 23 April 2005.

21.  The National Guard Bureau provided a comprehensive advisory opinion
for consideration with this application.

22.  National Guard Bureau officials opined that National Guard Bureau
Federal Recognition Orders Number 148 AR, dated 11 May 2005, should be
amended to show the applicant was initially appointed as a second
lieutenant on 3 July 2001.

23.  They further opined that National Guard Bureau Federal Recognition
Orders Number 189 AR, dated 22 June 2005, should be amended to read
"reappointment from second lieutenant to captain, effective 24 May 2004"
and that the date of rank should also be annotated as 24 May 2004.
Officials from the National Guard Bureau concluded that the effective date
of rank is based on the date that his degree was conferred and that he
should be paid all back pay and allowances he is due.

24.  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.

25.  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.

26.  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.

27.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his date of rank for appointment to the
grade of captain should be adjusted to 24 May 2004.

2.  Records show that the applicant was granted temporary Federal
Recognition effective 3 July 2001 upon his initial appointment in the
MAARNG 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 Massachusetts for endorsement to the National Guard
Bureau for extension of permanent Federal Recognition.  Through no fault of
the applicant, this action was not taken.

3.  Subsequently, the applicant's Federal Recognition packet was considered
by another MAARNG Federal Recognition Board.

3.  Based on the recommendations of the second MAARNG Federal Recognition
Board, the National Guard Bureau issued orders awarding the applicant
permanent Federal Recognition for initial appointment as a second
lieutenant effective 21 April 2005.

4.  From the foregoing, it is clear that an administrative error denied the
applicant Federal Recognition effective 3 July 2001.

5.  The Federal Recognition Board held on 1 August 2001 further determined
that the applicant was qualified for initial appointment as a second
lieutenant and that upon graduation from Dental School the applicant would
be appointed as a captain in the Dental Corps.

6.  Records show the applicant completed the education stipulation imposed
by the 1 August 2001 MAARNG Federal Recognition Board, on 23 May 2004, the
date he earned his degree from Tufts University, School of Dental Medicine.

7.  Records show the applicant was awarded permanent Federal Recognition in
the grade of captain by National Guard Bureau Federal Recognition Orders
Number 189 AR, dated 22 June 2005.  However, these orders show the
effective date of 23 April 2005.  Based on the fact the applicant completed
Dental School on 23 May 2004, these orders should be amended to show the
effective date of appointment in the Dental Corps as a captain as 24 May
2004.

8.  Based on the corrections above, the Defense Finance and Accounting
Service Office should audit the applicant's pay records and grant him any
and all pay and/or allowances due.

BOARD VOTE:

_SLP__  __CAD_ __  __KSJ___  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 National Guard Bureau Federal Recognition Order Number
148 AR to show the effective date of permanent Federal Recognition in the
grade of second lieutenant is 3 July 2001,

      b.  amending National Guard Bureau Federal Recognition Order Number
189 AR to show the effective date of permanent Federal Recognition in the
grade of captain is 24 May 2004, and

      c.  granting him any and all pay and/or allowances due as a result of
the above corrections.


                                     __Shirley L. Powell____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050014202                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/01/18                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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