RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 August 2006
      DOCKET NUMBER:  AR20050016321


      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             |
|     |Mr. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. Conrad V. Meyer               |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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) in the grade of second lieutenant,
with an effective date of 13 September 2005, be corrected to show an
effective date of
12 September 2004.

2.  The applicant states he was initially appointed as a second lieutenant
on
12 September 2004 in the Idaho Army National Guard (IDARNG) and, through no
fault of his own and due to administrative error at the State Headquarters,
the original documentation was not sent to the National Guard Bureau (NGB)
for processing of his permanent Oath of Office for Federal Recognition.

3.  The applicant provides copies of the initial and current NGB Forms 89
(Proceedings of a Federal Recognition Examining Board), dated 10 September
2004 and 12 September 2005, respectively; 2 NGB Forms 337 (Oaths of
Office), dated 12 September 2004 and 13 September 2005; 2 DA Forms 71 (Oath
of Office - Military Personnel), dated 11 September 2004 and 13 September
2005; Headquarters, State of Idaho, Military Division, Boise, Idaho, Orders
431-088, dated 26 August 2004; Idaho National Guard, Joint Force
Headquarters, Boise, Idaho, memorandum, dated 10 September 2004, subject:
Request for Federal Recognition Board Action: [Applicant's Name and Social
Security Number]; Headquarters, State of Idaho, Military Division, Boise,
Idaho, Orders 457-009, dated 1 September 2005; Headquarters, State of
Idaho, Military Division, Boise, Idaho, Orders 459-046, dated 12 September
2005; Idaho National Guard, Joint Force Headquarters, Boise, Idaho,
memorandum, dated 13 September 2005, subject:  Request for Federal
Recognition Board Action: [Applicant's Name and Social Security Number];
and National Guard Bureau, Federal Recognition Orders Number 267 AR, dated
16 September 2005.

CONSIDERATION OF EVIDENCE:

1.  On 10 September 2004, a Federal Recognition Board was held by the
IDARNG 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.  Headquarters, State of Idaho, Military Division, Boise, Idaho, Orders
431-088, dated 26 August 2004, were published giving the applicant initial
appointment, effective 12 September 2004.  On 12 September 2004, the
applicant executed an Oath of Office accepting appointment as a second
lieutenant in the IDARNG and was granted temporary Federal Recognition.
3.  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.

4.  On 13 September 2005, a second Federal Recognition Board was held by
the IDARNG to determine if the applicant was qualified to be awarded
Federal Recognition.  The proceedings indicated the applicant was
satisfactory in his physical qualifications, moral character, and general
qualifications.

5.  Headquarters, State of Idaho, Military Division, Boise, Idaho, Orders
459-046, dated 12 September 2005, were published with an initial
appointment effective date of 13 September 2005.  On 13 September 2005, the
applicant executed a second Oath of Office as a second lieutenant in the
IDARNG and was granted temporary Federal Recognition.

6.  National Guard Bureau Federal Recognition Orders Number 267 AR, dated
16 September 2005, awarded the applicant permanent Federal Recognition for
initial appointment in the grade of second lieutenant, effective 13
September 2005.

7.  The applicant's records contain a copy of NGB Form 62-E (Application
for Federal Recognition as an Army National Guard (ARNG) Officer or Warrant
Officer and Appointment as a Reserve Commissioned Officer or Warrant
Officer of the Army in the Army National Guard of the United States), dated
1 June 2004. This document shows, in pertinent part, that the applicant
applied for Federal Recognition as a second lieutenant in the IDARNG on 1
June 2004.  This document also shows that the Senior Army Advisor advised
The Adjutant General of the State of Idaho that the examination of the
applicant was completed on 13 September 2005.  This document further shows
that The Adjutant General of the State of Idaho requested the Chief, NGB,
Washington, DC, extend Federal Recognition to the applicant, effective 13
September 2005.

8.  The applicant's military service records contain a Certificate of
Training which shows the applicant successfully completed Officer Candidate
School on
12 September 2004.

9.  In connection with the processing of this case, an advisory opinion was
obtained from the Chief, Personnel Division, National Guard Bureau,
Arlington, Virginia, which recommended that the applicant's initial Federal
recognition appointment date be adjusted from 13 September 2005 to 12
September 2004.  The NGB advisory opinion also recommended appropriate
adjustment of the applicant's pay and allowances.

10.  On 13 April 2006, the applicant was provided a copy of the Chief,
Personnel Division, National Guard Bureau, advisory opinion in order to
have the opportunity to reply to its contents.  To date, a response has not
been received from the applicant.

11.  National Guard Regulation (NGR) 600-100 (Commissioned Officer -
Federal Recognition and Related Personnel Actions) provides procedures for
processing all applications for Federal Recognition.  Paragraph 2-1 of this
NGR 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.

12.  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 of this NGR states that temporary Federal Recognition upon
appointment establishes the authorized grade to be used by all officers in
their federally recognized status.

13.  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.

14.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of records shows that the applicant was granted temporary
Federal Recognition effective 12 September 2004 upon his initial
appointment in the IDARNG as a second lieutenant.  At that time, his
Federal Recognition packet and allied documents were forwarded to The
Adjutant General of the State of Idaho for endorsement to the National
Guard Bureau for extension of permanent Federal Recognition.  However,
through no fault of the applicant, the Federal Recognition packet was
either lost or misplaced, as it was not acted upon by the National Guard
Bureau.

2.  Subsequently, the applicant's Federal Recognition packet was considered
by another IDARNG Federal Recognition Board.  Based on the recommendations
of the second IDARNG Federal Recognition Board, the National Guard Bureau
issued orders awarding the applicant permanent Federal Recognition,
effective
13 September 2005.

3.  Based on the foregoing, it is clear that an administrative error denied
the applicant Federal Recognition, effective 12 September 2004.  Therefore,
based on applicable law and regulation, the applicant is entitled to have
Federal Recognition Order Number 267 AR, dated 16 September 2005, amended
to show the effective date of his permanent Federal Recognition in the
grade of second lieutenant is 12 September 2004.  In addition, the
applicant is entitled to a review of his pay account to determine any
adjustment of pay and allowances that may be due the applicant as a result
of this correction.


BOARD VOTE:

__KAN__  __CVM__  __YM____  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 267 AR, dated 16
September 2005, to show that he was extended Federal Recognition in the
grade of second lieutenant, effective 12 September 2004.

2.  The Board further recommends that, based upon the 12 September 2004
effective date, the applicant be awarded any back pay and allowances he may
be entitled to as a commissioned officer serving in the grade of second
lieutenant.




                                  ___Kathleen A. Newman____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016321                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060801                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |125.0200.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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