RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 December 2006
      DOCKET NUMBER:  AR20060003886


      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:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. Larry W. Racster              |     |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, an adjustment of his commissioning/
appointment date into the Arkansas Army National Guard (ARARNG) from
5 December 2005 to 5 April 2005, 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 backlog at the National Guard Bureau (NGB), his Federal
Recognition was not completed within the six months timeframe.

3.  The applicant provides copies of his Certificate of Interim Clearance;
his Request for Waiver of Maximum Age memorandum; his NGB Form 62-E
(Application for Federal Recognition as an ARNG Officer or Warrant Officer
and Appointment as a Reserve Commissioned Officer or Warrant Officer of the
Army in the ARNG of the United States), dated 1 April 2005; his NGB Form
89, dated 3 April 2005; his appointment orders and Oaths of Office, dated 3
April 2005; his NGB Form 89, dated 5 December 2005; his appointment orders
and Oaths of Office, dated 5 December 2005; and his Federal Recognition
orders, dated 6 March 2006, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show his request for a waiver of
maximum age requirements for commission as a second lieutenant, was not
approved until 15 June 2005.  On 3 April 2005, a Federal Recognition
Examining Board (FREB) considered and accepted the applicant's application
for appointment in the ARARNG and determined the applicant was fully
qualified for the position and grade.

2.  The applicant was appointed in the ARARNG, as a second lieutenant,
effective 3 April 2005.  He signed his Oaths of Office on the same day.

3.  On 5 December 2005, a second FREB considered and determined the
applicant to be fully qualified for appointment in the ARARNG in the grade
of second lieutenant.

4.  On 8 December 2005, the applicant was issued Orders Number 342-036,
showing his appointment in the ARARNG, as a second lieutenant, effective
5 December 2005.  He signed his second Oaths of Office as a second
lieutenant on the same day.

5.  On 6 March 2006, the applicant was issued Special Orders Number 63 AR,
extending him Federal Recognition with an initial appointment as a second
lieutenant in the ARARNG effective 5 December 2005.

6.  In an advisory opinion, dated 6 October 2006, the Chief, Personnel
Division, Departments of the Army and the Air Force, NGB, reiterated the
applicant's request and statement.  She stated that the applicant completed
the Officer Candidate School on 12 March 2005.  On 2 April 2005, the
applicant was discharged from the enlisted ranks for the reason of
appointment as a commissioned officer.  The NGB Form 62 was published on 1
April 2005, appointing him in the ARARNG effective 3 April 2005, as a
second lieutenant.  The applicant signed the Oaths of Office on the same
effective date.  State Order Number 116-001, dated 26 April 2005 was issued
appointing him in the ARNG effective 3 April 2005, as a second lieutenant
in the Quartermaster (QM) branch.

7.  The Chief, Personnel Division stated that another Proceedings of FREB
was approved by the Adjutant General effective 5 December 2005, and the
officer signed another Oaths of Office on the same effective date.  State
Order Number 342-036, dated 8 December 2005 was issued appointing the
applicant in the ARNG effective 5 December 2005, as a second lieutenant.
The applicant completed the QM Officer Basic Course on 16 February 2006.
Federal Recognition Special Orders Number 63 AR, dated 6 March 2006 were
issued appointing the applicant in the ARARNG effective 5 December 2005.

8.  The Chief further stated that on 10 May 2006, the applicant was
transferred from the ARARNG to the TXARNG.  The Human Resources Command,
St. Louis, Missouri, sent a memorandum to the officer for appointment as a
Reserve Commissioned Officer of the Army effective 5 December 2005, in the
QM branch.

9.  The Chief also advised that in accordance with National Guard (NG)
Regulation 600-100, chapter 2, paragraph 2-2, the effective date of Federal
Recognition for an original appointment is the date on which the
commissioned officer executes the Oaths 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, 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 Chief further advised 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 Oaths 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.  The NGB,
Personnel Division recommended that the applicant's initial Federal
Recognition appointment date be adjusted from 5 December 2005 to 5 April
2005, with adjustments of his pay and allowances.

11.  The advisory opinion was forwarded to the applicant for
acknowledgement and/or rebuttal on 12 October 2006 and he concurred on 22
October 2006.

12.  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 Oaths 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 ARARNG and
extended Federal Recognition as a second lieutenant effective 3 April 2005,
with all appropriate adjustment of pay and allowances.  Therefore, the
Oaths of Office, dated 5 December 2005; Orders Numbers 342-036, dated
8 December 2005; and Special Orders Number 63 AR, dated 6 March 2006,
should be declared void and of no force or effect.

2.  The Federal Recognition Examining Board recommended the applicant for
appointment in the ARARNG in the rank of second lieutenant with an
effective date and date of rank of 3 April 2005.  Through no fault of the
applicant, his temporary extension of Federal Recognition expired.  Upon
submission of another appointment, another Oaths of Office was initiated
and his date of rank for second lieutenant became 5 December 2005, the
date the 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 ARARNG and Department of the
Army records should be corrected as recommended below.

BOARD VOTE:

____D__   __LWR __  _RTD___  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 Arkansas Army National Guard and Department of the Army
records of the individual concerned be corrected:

      a.  by voiding the applicant's Oaths of Office, dated 5 December
2005; the Orders Number 342-036, dated 8 December 2005; and Special Orders
Number 63 AR, dated 6 March 2006; and declare them to be of no force or
effect; and








      b.  by showing that the applicant was appointed in the Arkansas Army
National Guard and extended Federal Recognition, as a second lieutenant,
effective 3 April 2005, with all appropriate adjustment of pay and
allowances.








                                  ___Richard T. Dunbar_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003886                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061207                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.01                                  |
|2.                      |131.05                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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