RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 August 2006
      DOCKET NUMBER:  AR20050016350


      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. Stephanie Thompkins           |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Ms. Rose M. Lys                   |     |Member               |
|     |Mr. John G. Heck                  |     |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, adjustment to his commissioning /
appointment date into the Idaho Army National Guard (IDARNG) from
13 September 2005 to 6 September 2004, with entitlement to all back
pay and allowances.

2.  The applicant states, in effect, that through no fault of his own and
due to a State Headquarters administrative error, his original Oath of
Office, National Guard Bureau (NGB) Form 89 (Proceedings of a Federal
Recognition Examining Board (FREB), State Appointment Orders, and FREB
Memorandums, were not sent to the NGB for Federal Recognition processing.
He also states that his Temporary Oath of Office had expired.

3.  The applicant provides copies of a Request for Federal Recognition
Board Action memorandum, dated 3 September 2004, his NGB Form 89, dated
3 September 2004; his appointment orders, dated 6 September 2004; his Oath
of Office, dated 6 September 2004; his NGB Form 89, dated 12 September
2005; a Request for Federal Recognition Board Action memorandum, dated
13 September 2005; his appointment orders, dated 13 September 2005; his
Oath of Office, dated 13 September 2005; and his Federal Recognition
orders, dated 13 September 2005, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records were not provided to the Board.
Information herein was obtained from records submitted by the applicant.
The available records show that on 3 September 2004, a FREB considered and
accepted the applicant's application for appointment in the IDARNG and
determined the applicant was fully qualified for the position and grade.

2.  He was appointed in the IDARNG, as a second lieutenant, effective
6 September 2004.  He signed his oath of office on the same day.

3.  On 12 September 2005, a second FREB considered and determined the
applicant to be fully qualified for appointment in the IDARNG in the grade
of second lieutenant.
4.  On 12 September 2005, the applicant was issued Orders 459-052, showing
his appointment in the IDARNG, as a second lieutenant, effective
13 September 2005.  He signed his second oath of office as a second
lieutenant on the same day.

5.  On 16 September 2005, the applicant was issued Special Orders 267 AR,
showing he was extended Federal Recognition with an initial appointment as
a second lieutenant effective 13 September 2005.

6.  The applicant was mobilized effective 25 October 2005 and is currently
serving on active duty.

7.  In an advisory opinion, dated 1 November 2005, the Chief, Personnel
Division, Departments of the Army and the Air Force, NGB, stated that the
applicant signed NGB Form 337 (Oath of Office) on 6 September 2004,
Proceedings of FREB was adjourned and approved on 3 September 2004, and the
IDARNG order number 413-036, dated 26 August 2004, was published, giving
the applicant an initial appointment effective date of 6 September 2004.

8.  On 13 September 2005, the applicant signed another Oath of Office and
the IDARNG conducted another Proceedings of FREB that adjourned and was
approved on 13 September 2005.  The IDARNG published orders number
459-052, dated 12 September 2005, with an initial appointment effective
date of 13 September 2005, and the NGB published Federal Recognition orders
number 267 AR, dated 16 September 2005, with an initial appointment date
of 13 September 2005.

9.  The NGB, Personnel Division official also stated that in accordance
with National Guard (NG) Regulation 600-100, chapter 2, paragraph 2-2,
states that the effective date of Federal Recognition for an original
appointment is the date on which the commissioned officer executes the
Oath of Office in the State.  Also paragraph 2-3a states that temporary
Federal recognition upon appointment establishes the authorized grade to
be used by all officers in their federally recognized status.  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 FREB, 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.
This official further stated that Temporary Federal recognition will
automatically terminate six months after the
effective date of State appointment.  However, should the initial
appointment period of temporary Federal recognition expire, due to
administrative processing delays, through no fault of the member, a
subsequent FREB should be convened to consider the request again and
grant another new period of temporary Federal recognition if warranted.

10.  The NGB, Personnel Division official further stated that NG Regulation

600-100, paragraph 10-15b states that temporary Federal recognition may be
granted by a FREB 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 FREB 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.

11.  The NGB Personnel Division official recommended that the applicant's
initial Federal Recognition appointment date be adjusted from 13 September
2005 to 6 September 2004 and further recommended all appropriate
adjustments of pay and allowances.  The NGB, Personnel Policy and Readiness
Division concurred with the Personnel Division recommendations.

12.  The advisory opinion was forwarded to the applicant for
acknowledgement and/or rebuttal on 28 April 2006.  He did not respond.

13.  NG Regulation 600-100, paragraph 2-4b, states that the effective date
of Federal Recognition for original appointment is that date on which the
officer executes the oath of office in the State.  Paragraph 2-3 states
that temporary Federal Recognition upon initial appointment establishes
the authorized grade to be used by all officers in their Federally
Recognized status.  Federal Recognition will continue in effect as long as
the commissioned officer continues to meet requirements of the grade and
position or until recognition is withdrawn in accordance with regulations,
or as otherwise provided by law.  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.  In view of the circumstances in this case, the applicant is entitled to
correction of his records to show he was appointed in the IDARNG and
extended Federal Recognition as a second lieutenant effective 6 September
2004, with all appropriate adjustment of pay and allowances.  Therefore,
Orders 459-052, dated 12 September 2005; the Oath of Office, dated
13 September 2005, and Special Orders 267-AR, dated 16 September 2005,
should be declared void and of no force or effect.

2.  The Federal Recognition Examining Board recommended the applicant for
appointment in the IDARNG in the rank of second lieutenant with an
effective date and date of rank of 6 September 2004.  Through no fault of
the applicant, his temporary extension of Federal Recognition expired.
Upon submission of another appointment, another oath of office was
initiated and his date of rank for second lieutenant became 13 September
2005, the date that oath was administered.  The administrative error in
processing and granting the applicant permanent Federal Recognition upon
his initial appointment and processing of his second appointment packet
altered his date of rank through no fault of the applicant, and he should
not be penalized for this action.

3.  In view of the foregoing, the applicant’s IDARNG and Department of the
Army records should be corrected as recommended below.

BOARD VOTE:

__SLP       __RML___  _JGH___  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
the State of Idaho Army National Guard and Department of the Army records
of the individual concerned be corrected by:

      a.  voiding the applicant's Orders 459-052, dated 12 September 2005;
the Oath of Office, dated 13 September 2005; and Special Orders 267-AR,
dated 16 September 2005; and declare them to be of no force or effect; and


      b.  showing that the applicant was appointed in the Idaho Army
National Guard and extended Federal Recognition, as a second lieutenant,
effective 6 September 2004, with all appropriate adjustment of pay and
allowances.




                                  _____Shirley L. Powell_______
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050016350                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060815                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.00                                  |
|2.                      |131.01                                  |
|3.                      |131.05                                  |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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