RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 JULY 2006
      DOCKET NUMBER:  AR20050016333


      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             |
|     |Ms. Gale J. Thomas                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Allen Raub                    |     |Chairperson          |
|     |Ms. LaVerne Douglas               |     |Member               |
|     |Ms. Peguine Taylor                |     |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 that his records be corrected by adjusting his
date of rank to his original appointment date of 12 September 2004.

2.  The applicant states that his date of rank and original appointment
date should be adjusted from 13 September 2005 to 12 September 2004.
Through no fault of his own and due to a State Headquarters administrative
error, his original Oath of Office, NGB Form 89 (Proceedings of a Federal
Recognition Examining Board), State Appointment Orders, and Federal
Recognition Board Memos were not forwarded to the National Guard Bureau for
Federal Recognition in a timely manner and his temporary Oath of Office
expired.

3.  The applicant provides old and new NGB Forms 89 (Proceedings of a
Federal Recognition Examining Board) and NGB Forms 337 (Oaths of Office),
copies of his DA Form 71 (Oath of Office - Military Personnel), State
Appointment Orders, Federal Recognition Board Memo's, and new Federal
Recognition Orders, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  On 10 September 2004, a Federal Recognition Examining Board adjourned
and was approved.  Appointment orders were published giving the applicant
an initial appointment date of 12 September 2004.  The applicant signed a
NGB Form 337, Oath of Office, as a National Guard officer in the Idaho Army
National Guard, and temporary Federal recognition, in the grade of second
lieutenant,  with an effective date of 12 September 2004.

2.  A second Federal Recognition Examining Board adjourned and was approved
on 13 September 2005.  Orders were published and the applicant signed
another Oath of Office, with an initial appointment date of 13 September
2005.

3.  In the processing of this case, an Advisory Opinion was obtained from
the National Guard Bureau (NGB), which states that in accordance with
National Guard Regulation 600-1000, Chapter 2, the effective date of
Federal recognition for original appointment is the date on which the
commissioned officer executes the Oath of Office in the State.  The
regulation also provides that temporary Federal recognition upon
appointment establishes the authorized grade to be used by all officers in
their federally recognized status.



4.  The Advisory Opinion noted that temporary Federal recognition may be
extended to an officer who has been appointed in the Army National Guard of
a State and found to be qualified by a Federal recognition board pending
final determination of eligibility and appointed 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 the 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.

5.  The Advisory Opinion from the National Guard Bureau, Personnel
Division, recommends that the applicant's initial Federal recognition
appointment date be adjusted from 13 September 2005 to 12 September 2004,
with all appropriate adjustments of pay and allowances.

6.  The applicant was provided a copy of the Advisory Opinion and has not
responded.

7.  National Guard Regulation 600-100, Chapter 10, states in pertinent
part, 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 Army
National Guard.  The Federal recognition board will forward the NGB Form 89
and allied documents to The Adjutant General (TAG).  When the member is
favorably recommended, TAG 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.  Evidence shows the applicant was considered and approved by a Federal
Recognition Examining Board on 10 September 2004, orders were published,
and the applicant initiated an Oath of Office as a National Guard Officer,
and temporary Federal recognition status on 12 September 2004.  However,
due to no fault of the applicant, there was a delay in processing his
paperwork and his temporary Federal recognition status expired.


2.  In accordance with appropriate regulations, when a member's temporary
Federal recognition expires, due to administrative processing delays,
through no fault of the member, a subsequent Federal recognition board will
be convened to grant another period of temporary Federal recognition.  As
such, the applicant should have been granted an extension or a new period
of temporary Federal recognition.

3.  The applicant's initial appointment date should remain as 12 September
2004, and his records should be corrected to reflect this change.

BOARD VOTE:

___AR __  ___LD  __  __PT ___  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
adjusting his initial Federal recognition appointment date from 13
September 2005 to 12 September 2004.




                                  _______Allen Raub_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016333                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060725                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |102.07                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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