RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 August 2006
      DOCKET NUMBER:  AR20050016767


      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. Curtis Greenway               |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Ms. Peguine M. 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 the date of his initial appointment as a
captain in the Nevada Army National Guard (NVARNG) be corrected from 1
March 2005 to 1 September 2004 and that his date of rank be corrected on
National Guard Bureau Federal Recognition Orders Number 228 AR to show the
effective date 1 September 2001.

2.  The applicant states that due to an administrative error, temporary
Federal Recognition as a captain expired and the error was not discovered
until over nine months later.

3.  The applicant provides a copy of his initial appointment packet in
support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that he was promoted to the grade of
captain on 1 September 2001.  Records further show that the applicant
accepted an appointment as a captain in the in the NVARNG on 1 September
2004.

2.  On 1 September 2004, the applicant executed an Oath of Office as a
captain in the NVARNG and was granted temporary Federal Recognition.

3.  There is no evidence that the applicant received permanent Federal
Recognition as a captain 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.  NVARNG Orders Number 210-001, dated 29 July 2005, show that the
22 August 2004 orders that appointed the applicant  were rescinded.

5.  NVARNG Orders Number 210-011, dated 29 July 2005, show that the
applicant was again appointed as a captain in the NVARNG effective 1 March
2005 with a date of rank as a captain of 1 September 2001.

6.  On 1 March 2005, the applicant executed a second Oath of Office as a
second lieutenant in the NVARNG and was granted temporary Federal
Recognition.



7.  National Guard Bureau Federal Recognition Orders Number 228 AR, dated
4 August 2005, awarded the applicant permanent Federal Recognition for
initial appointment to the grade of captain, effective 1 March 2005 with a
date of rank of 9 September 2001.

8.  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.

9.  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.

10.  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.

11.  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 applicant contends that the effective date of his appointment in
the grade of captain in the NVARNG should be adjusted to 1 September 2004
and his date of rank should be amended to show the effective date 1
September 2001.

2.  Records show that the applicant was granted temporary Federal
Recognition effective 1 September 2004 upon his initial appointment in the
NVARNG as a captain.  At that time, his Federal Recognition packet and
allied documents should have been forwarded to the Adjutant General of the
State of Nevada 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 executed a second Oath of Office and was
extended temporary Federal Recognition as a captain in the NVARNG.

4.  The National Guard Bureau issued orders awarding the applicant
permanent Federal Recognition for initial appointment as a captain
effective 1 March 2005 with a date of rank of 9 September 2001.

5.  From the foregoing, it is clear that an administrative error denied the
applicant Federal Recognition effective 1 September 2001.  Records further
show that the applicant was promoted to the grade of captain on 1 September
2001.

6.   Based on applicable law and regulation, the applicant is entitled to
have Federal Recognition Order Number 228 AR amended to show the effective
date of permanent Federal Recognition in the grade of captain as
1 September 2004 and the date of rank as a captain as 1 September 2001.








BOARD VOTE:

__PMT_ _  __JBG__  __CLG___  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
amending Federal Recognition Order Number 228 AR, dated 4 August 2004, to
show that he was extended Federal Recognition effective 1 September 2004 in
the grade of captain with the date of rank of 1 September 2001.






                                      _Curtis Greenway __
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016767                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060810                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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