RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 September 2006
      DOCKET NUMBER:  AR20060000589


      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. Allen L. Raub                 |     |Chairperson          |
|     |Ms. Linda M. Barker               |     |Member               |
|     |Mr. Qawly A. Sabree               |     |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 (promotion), dated 16 March 2005, in the grade of first
lieutenant be corrected to show the effective date 14 December 2004.

2.  The applicant states he was initially appointed as a second lieutenant
on 14 December 2002 in the Nevada Army National Guard (NVARNG) and that he
did not receive timely promotion and Federal Recognition to the grade of
first lieutenant.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant accepted an appointment as a second lieutenant in the
NVARNG on 14 December 2002.

2.  On 14 December 2002, the applicant executed an Oath of Office as a
second lieutenant in the NVARNG and was granted temporary Federal
Recognition.

3.  National Guard Bureau Federal Recognition Orders Number 78 AR, dated
27 March 2003, awarded the applicant permanent Federal Recognition for the
purpose of transfer from the United States Army Reserve to the NVARNG in
the grade of second lieutenant, effective 14 December 2002.

4.  The applicant successfully completed Armor Officer Basic Course on
25 September 2003.

5.  The applicant's records contain an undated memorandum from the NVARNG
which shows that he was recommended to The Adjutant General of the State of
Nevada for promotion to the grade of first lieutenant.  This memorandum
shows that the applicant clearly demonstrated the required fitness for the
responsibilities and duties of the position, grade and branch recommended,
met the minimum military and civilian educational requirements, and met the
height and weight standards.

6.  NVARNG Orders Number 066-005, dated 7 March 2005, promoted the
applicant to the grade of first lieutenant effective 7 March 2005.


7.  National Guard Bureau Federal Recognition Orders Number 83 AR, dated
16 March 2005, awarded the applicant permanent Federal Recognition for
promotion to the grade of first lieutenant, effective 7 March 2005.

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.  Paragraph 2-1 of Army Regulation 135-155 (Promotion of Commissioned
Officers and Warrant Officers Other Than General Officers) states, in
pertinent part, that an officer in the grade of second lieutenant will be
considered for promotion without review by a selection board.  The
officer's records will be screened to determined eligibility for promotion
to the next higher grade far enough in advance to permit promotion on the
date the promotion service is completed in compliance with table 2-1 or
table 2-3 of this regulation.

10.  Table 2-1 of Army Regulation 135-155 states that the minimum time in
grade as a second lieutenant for promotion to first lieutenant is 2 years.

11.  Table 2-2 of Army Regulation 135-155 states, in pertinent part, that
second lieutenants must complete a resident officer basic course to be
eligible for promotion to first lieutenant.

DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant was appointed and granted permanent
Federal Recognition as a second lieutenant in the NVARNG effective
14 December 2002.

2.  The applicant successfully completed the Armor Officer Basic Course on
25 September 2003.


3.  The applicant met the time-in- grade requirement and the educational
requirement for promotion to the grade of first lieutenant.  There is no
evidence in the available records which show that the applicant was not
eligible or otherwise disqualified for promotion to the grade of first
lieutenant.

4.  Promotions to the grade of first lieutenant in the National Guard are
not determined by available vacant positions.  Based on the fact that the
applicant met the qualifications for promotion to the grade of first
lieutenant on 14 December 2004 and there is no evidence in the available
records which precludes this promotion; the applicant's records should be
amended to show the effective date of his promotion to the grade of first
lieutenant as 14 December 2004.

BOARD VOTE:

_ALR_____  _QAS___  _LMB__  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 83 AR, dated 16 March 2005, to
show that he was extended Federal Recognition effective 14 December 2004,
for promotion to the grade of first lieutenant.






                                     __Allen L. Raub____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2006000589                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060912                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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