RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 March 2007
DOCKET NUMBER: AR20060007763
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.
x
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 Federal Recognition and date of his appointment to the rank of first lieutenant (O-2) be corrected to reflect a date of 18 September 2002 and that his date of rank for promotion to the rank of captain be adjusted to 18 December 2004.
2. The applicant states, in effect, that he was initially appointed to the rank of first lieutenant in the Puerto Rico Army National Guard (PRARNG) on 18 September 2002; however, due to an error that was through no fault of his own, the documentation to obtain permanent Federal Recognition was not forwarded to the National Guard Bureau (NGB). Meanwhile, after having complied with all of the requirements to qualify for permanent Federal Recognition, the temporary Federal Recognition expired and it was not until he was processing his promotion packet for promotion to the rank of captain that the error was discovered. As a result, his Federal Recognition was approved for the rank of first lieutenant effective 17 December 2003, which delayed his promotion to the rank of captain for over a year.
3. The applicant provides an annex A, which explains his application and an annex B, which lists the enclosures submitted with his application.
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a Judge Advocate first lieutenant in the PRANG on 18 September 2002, under Temporary Federal Recognition. He was ordered to active duty for training (ADT) on 6 January 2003 and attended the Judge Advocate General Officer Basic Course (Phases I and II). He completed the course and was honorably released from ADT on 11 April 2003, when he was returned to his PRARNG unit.
2. On 17 December 2003, the applicant appeared before a Federal Recognition Examining Board to determine his qualifications for Federal Recognition in the rank of first lieutenant (1LT). He again took an oath in the rank of 1LT on 17 December 2003, despite the fact that he had continued to serve since his previous appointment on 18 September 2002. He was promoted to the rank of captain on 4 April 2005.
3. In the processing of this case a staff advisory opinion was obtained from the NGB which recommends, in effect, that the applicants request to adjust his initial appointment date to 18 September 2002 and his date of rank for promotion to the rank of captain be adjusted to 18 December 2004, be approved.
4. The advisory opinion was provided to the applicant for comment and he concurred on 22 January 2007.
5. National Guard Regulation (NGR) 600-100, paragraph 2-2 provides that the effective date of federal recognition for original appointment is the date on which the commissioned officer executes the Oaths of Office in the State.
DISCUSSION AND CONCLUSIONS:
1. The applicant took his original oath of office as a first lieutenant on 18 September 2002 and for reasons that are not explained in the available records, his application for permanent Federal Recognition was not forwarded to the appropriate authorities in a timely manner.
2. As a result, the applicants permanent Federal Recognition was unduly delayed through no fault of the applicant until 17 December 2003. Consequently, the applicants permanent Federal recognition and subsequent promotion to the rank of captain were unnecessarily delayed until 4 April 2005.
3. However, had the application for permanent Federal Recognition been properly and timely processed, the applicants date of rank for first lieutenant would have been 18 September 2002 and his date of rank (DOR) for promotion to the rank of captain would have been 18 December 2004.
4. Accordingly, it would be in the interest of justice at this time to correct the applicants records by showing that he was granted Permanent Federal Recognition in the rank of first lieutenant on 18 September 2002 and that he was promoted to the rank of captain effective 18 December 2004, with entitlement to all back pay and allowances that he may be entitled.
BOARD VOTE:
__x___ __x___ __x___ 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 showing that the applicant was granted Permanent Federal Recognition in the rank of first lieutenant on 18 September 2002, that he was promoted to the rank of captain effective 18 December 2004 and that he be paid all back pay and allowances to which he may be entitled.
____x_____
CHAIRPERSON
INDEX
CASE ID
AR20060007763
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070315
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(GRANT)
REVIEW AUTHORITY
ISSUES 1.131.0500
315/dor
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6.
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