RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 October 2006
      DOCKET NUMBER:  AR20060006758


      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. James B. Gunlicks             |     |Chairperson          |
|     |Mr. Michael J. Flynn              |     |Member               |
|     |Mr. Scott W. Faught               |     |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 his date of rank to major be corrected to
show the effective date of either 1 October 2005 or 28 December 2005.

2.  The applicant states he was selected for promotion to the grade of
major by a Department of the Army Promotion Board on 4 April 2003 and was
promoted by the Iowa Army National Guard (IAARNG) on 12 December 2005.  The
applicant continues that the National Guard Bureau received his promotion
packet on 27 December 2005.  The applicant contends that he was placed in a
major position on 1 October 2006 [sic] and that his promotion to major was
based on a unit vacancy promotion.

3.  The applicant provides a copy of US Army Reserve Personnel Command
Orders Number C-02-002882, dated 1 February 2000; US Total Army Personnel
Command, Eligibility for Promotion Memorandum, dated 7 August 2003; DA Form
1059 (Service School Academic Evaluation Report); IAARNG Orders Number 347-
024, dated 13 December 2005; National Guard Federal Recognition Orders
Number 21 AR, dated 23 January 2006; and a personal statement in support of
this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving as a major in the IAARNG.

2.  US Army Reserve Personnel Command Orders Number C-02-002882, dated 1
February 2000, transferred the applicant from the United States Army
Reserve and appointed him in the IAARNG in the grade of captain effective
10 January 2000.

3.  On 6 October 2002, the applicant successfully completed the Aviation
Captain's Career Reserve Course.

4.  US Total Army Personnel Command Memorandum, dated 7 August 2003, shows
that the applicant was selected for promotion to the grade of major by a
Department of the Army Mandatory Promotion Board.

5.  IAARNG Orders Number 347-024, dated 13 December 2005, promoted the
applicant to the grade of major effective 12 December 2005.  These orders
stipulate that he was not entitled to Federal pay as a major until he was
extended Federal Recognition by the National Guard Bureau.

6.  On 5 January 2006, the applicant successfully completed the Aviation
Maintenance Manager Course.

7.  National Guard Federal Recognition Orders Number 21 AR, dated
23 January 2006, awarded the applicant permanent Federal Recognition for
the purpose of transfer from the United States Army Reserve, effective 10
January 2000.

8.  On 15 February 2006, the applicant was notified that he was eligible
for retired pay upon application at age 60 in accordance with the
provisions of Title 10 of United States Code.

9.  National Guard Federal Recognition Orders Number 88 AR, dated 4 April
2006, awarded the applicant permanent Federal Recognition for his promotion
to the grade of major effective 4 April 2006.

10.  The applicant provided a 14 April 2006 statement in which he requested
that his promotion to the grade of major be amended to show the effective
date of either 1 October 2005 or 28 December 2005.  The applicant continues
that he is not requesting back pay for this period.  The applicant
concludes that he was selected for promotion to the grade of major and was
performing the duties of a major since 1 October 2005.

11.  The National Guard Bureau provided a two-page advisory opinion for
review with this case.

12.  The Chief of the Personnel Division of the National Guard Bureau
recommended that the applicant's date of rank be adjusted to 28 December
2005 based on the fact that the Adjutant General of the State of Iowa
approved his promotion in December 2005.

13.  The applicant was provided a copy of the National Guard Bureau
advisory opinion for review and comment.  On 19 July 2006, the applicant
concurred with the advisory opinion and elected not to provide written
comments.








14.  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.

15.  Paragraph 8-1 of National Guard Regulation 600-100 states the
promotion of officers in the ARNG is a function of the State.  Paragraph 8-
3 states a commissioned officer who has been promoted by the State and
extended Federal Recognition in the higher grade in the Reserve of the Army
with assignment to the Army National Guard of the United States.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his date of rank to major should be
corrected to show the effective date of either 1 October 2005 or 28
December 2005.

2.  Records show that the applicant was appointed as a captain in the
IAARNG on 10 January 2000 and was selected for promotion to the grade of
major by a Department of the Army Mandatory Board in 2003.

3.  Although the applicant transferred from United States Army Reserve and
was appointed in the IAARNG on 10 January 2000, the applicant was not
granted permanent Federal Recognition for appointment in the IAARNG until
23 January 2006.

4.  As a result of the delay in the processing of his permanent Federal
Recognition for appointment in the IAARNG, the applicant was not eligible
for promotion under the unit vacancy criteria.  However, IAARNG officials
promoted the applicant effective 12 December 2005.

5.  Therefore, based on the fact that the delay in processing of the
applicant's promotion packet was due in no fault of the officer, it would
be equitable in this case to amend his permanent Federal Recognition for
promotion to the grade of major to show the effective date 12 December
2005.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JBG__  __MJF___  _SWF___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 88 AR,
dated 4 April 2006, to show that he was extended Federal Recognition for
promotion to the grade of major effective 12 December 2005 and that he be
paid all back pay and allowances due as a result of this correction.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
amendment his date of rank to major to show the effective date of either 1
October 2005 or 28 December 2005

                                         _James B. Gunlicks____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006758                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061005                                |
|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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