RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 December 2006
      DOCKET NUMBER:  AR20060007161


      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. Beverly A. Young              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Mr. Michael Flynn                 |     |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 permanent Federal recognition initial
appointment date be adjusted from 16 February 2006 to 12 March 2005.

2.  The applicant states that he was not granted permanent Federal
Recognition within six months of his initial appointment.

3.  The applicant provides a copy of his first initial appointment packet,
dated 12 January 2005, and his second initial appointment packet, dated 16
February 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant initially served as an enlisted Soldier in the Regular
Army and the Iowa Army National Guard.

2.  On 12 January 2005, a Federal Recognition Board was held by the Iowa
Army National Guard (IAARNG) to determine if the applicant was qualified to
be awarded Federal Recognition.  The proceedings indicated that he met the
physical, moral character, and general qualifications required for Federal
Recognition.

3.  The applicant completed the Army National Guard Officer Candidate
School on 12 March 2005.

4.  On 12 March 2005, the applicant executed an Oath of Office as a second
lieutenant in the IAARNG, and he was granted temporary Federal Recognition.

5.  Headquarters, Iowa National Guard, Office of the Adjutant General,
Orders Number 075-443, dated 16 March 2005, show the applicant was
appointed as a second lieutenant in the IAARNG effective 12 March 2005.

6.  There is no evidence that the applicant received permanent Federal
Recognition as a second 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.

7.  On 16 January 2006, a second Federal Recognition Board was held by the
IAARNG 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.

8.  On 16 February 2006, the applicant executed a second Oaths of Office as
a second lieutenant in the IAARNG, and he was granted temporary Federal
Recognition.

9.  National Guard Bureau Federal Recognition Special Orders Number 105 AR,
dated 21 April 2006, awarded the applicant permanent Federal Recognition
for initial appointment to the grade of second lieutenant effective 16
February 2006.

10.  Headquarters, Iowa National Guard, Office of the Adjutant General,
Orders Number 089-403, dated 30 March 2006, show the applicant was
appointed as a second lieutenant in the IAARNG effective 16 February 2006.

11.  In the processing of this case, a staff advisory opinion was obtained
from the Chief, Personnel Division, National Guard Bureau.  This office
recommended that the applicant’s initial Federal Recognition appointment
date be adjusted from 16 February 2006 to 12 March 2005.

12.  A copy of the advisory opinion was forwarded to the applicant for
possible comments.  However, he did not respond within the allotted
timeframe.

13.  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 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.

14.  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.
15.  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 the applicant was granted temporary Federal Recognition
effective 12 March 2005 upon his initial appointment in the IAARNG as a
second lieutenant.  At that time, his Federal Recognition packet and allied
documents should have been forwarded to the Adjutant General of the State
of Iowa 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 IAARNG Federal Recognition Board.

3.  Based on the recommendations of the second IAARNG Federal Recognition
Board, the National Guard Bureau issued orders awarding the applicant
permanent Federal Recognition effective 16 February 2006.

4.  Based on the foregoing, it is clear that an administrative error denied
the applicant Federal Recognition effective 12 March 2005.

5.  Based on applicable law and regulation, the applicant is entitled to
have National Guard Bureau Federal Recognition Special Orders Number 105
AR, dated 21 April 2006, amended to show his effective date of permanent
Federal Recognition in the grade of second lieutenant is 12 March 2005.
BOARD VOTE:

JS______  LE______  MF______  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 the
State Army National Guard records and all Department of the Army records of
the individual concerned be corrected by amending National Guard Bureau
Federal Recognition Special Orders Number 105 AR, dated 21 April 2006, to
show that he was extended Federal Recognition effective 12 March 2005 in
the grade of second lieutenant.




                                  John Slone____________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007161                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061214                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |112.0200                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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