RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 August 2006
      DOCKET NUMBER:  AR20060004709


      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. Paul M. Smith                 |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Mr. Ronald D. Gant                |     |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 (initial appointment), dated 13 January 2006, in the
grade of first lieutenant be corrected to show the effective date 19 May
2005.

2.  The applicant states he was initially appointed as a first lieutenant
on 19 May 2005 in the Ohio Army National Guard (OHARNG) and that he did not
receive timely Federal Recognition.

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

CONSIDERATION OF EVIDENCE:

1.  On 19 May 2005, a Federal Recognition Board was held by the OHARNG to
determine if the applicant was qualified to be awarded Federal Recognition.
 The proceedings indicated that the applicant was satisfactory in his
physical qualifications, moral character and general qualifications.

2.  The applicant accepted an appointment as a first lieutenant in the
OHARNG on 19 May 2005.

3.  On 19 May 2005, the applicant executed an Oath of Office as a first
lieutenant in the OHARNG and was granted temporary Federal Recognition.

4.  There is no evidence that the applicant received permanent Federal
Recognition as a first lieutenant from the National Guard Bureau within the
six month period required by National Guard/Army regulations.  As a result
his temporary Federal Recognition expired.

5.  On 27 December 2005, a second Federal Recognition Board was held by the
OHARNG to determine if the applicant was qualified to be awarded Federal
Recognition.  The proceedings indicated that the applicant was satisfactory
in his physical qualifications, moral character and general qualifications.


6.  On 27 December 2005, the applicant executed a second Oath of Office as
a first lieutenant in the OHARNG and was granted temporary Federal
Recognition.



7.  National Guard Bureau Federal Recognition Orders Number 9 AR, dated
13 January 2006, awarded the applicant permanent Federal Recognition for
initial appointment to the grade of first lieutenant, effective 27 December
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.  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.  Records show that the applicant was granted temporary Federal
Recognition effective 19 May 2005 upon his initial appointment in the
OHARNG as a first lieutenant.  At that time, his Federal Recognition packet
and allied documents should have been forwarded to The Adjutant General of
the State of Ohio for endorsement to the National Guard Bureau for
extension of permanent Federal Recognition.  Through no fault of the
applicant, this action was not taken.

2.  Subsequently, the applicant's Federal Recognition packet was considered
by another OHARNG Federal Recognition Board.

3.  Based on the recommendations of the second OHARNG Federal Recognition
Board, the National Guard Bureau issued orders awarding the applicant
permanent Federal Recognition effective 27 December 2005.

4.  From the foregoing, it is clear that an administrative error denied the
applicant permanent Federal Recognition effective 19 May 2005.

5.  Based on applicable law and regulation, the applicant is entitled to
have Federal Recognition Order Number 9 AR amended to show the effective
date of permanent Federal Recognition in the grade of first lieutenant as
19 May 2005.

BOARD VOTE:

_RDG___  _PMS  ___  _LMD___  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 9 AR, dated 13 January 2006, to
show that he was extended Federal Recognition effective 19 May 2005 in the
grade of first lieutenant.





                                     __Paul M. Smith____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004709                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|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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