RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 March 2007
	DOCKET NUMBER:  AR20060010140 


	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. Gerard W. Schwartz

Acting Director

Ms. Anita McKim-Spilker

Analyst


The following members, a quorum, were present:


Ms. Margaret K. Patterson

Chairperson

Mr. Larry W. Racster

Member

Mr. Rodney E. Barber

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 the date of her Federal Recognition be corrected to show she was granted Federal Recognition on 26 June 2005.

2.  The applicant states, in effect, that the State of New Hampshire (NH) failed to process her appointment packet within the required 6-month time frame and her temporary Federal Recognition expired.

3.  The applicant provides her initial appointment order from the NH Army National Guard (NHARNG), dated 26 June 2005, with a temporary Federal Recognition date of 26 June 2005; an NGB Form 337 (Oaths of Office), dated
26 June 2005, as a NG officer; an NGB Form 89 (Proceedings of a Federal Recognition Examining Board), dated 20 December 5 May 2005; her second NGB Form 337, dated 10 March 2006; a second NGB Form 89, dated
10 March 2006; and a second appointment order in the NHARNG, dated 
10 March 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant appeared before a Federal Recognition Board (FRB) on 5 May 2005 to determine her qualifications for Federal Recognition as a second lieutenant in the Adjutant General's Corps (AGC).  The NGB Form 89, dated
5 May 2005, indicated she met the requirements for appointment in accordance with the provisions of National Guard Regulation (NGR) 600-100, paragraph 
2-9 and that she was extended temporary Federal Recognition as provided by NGR 600-100, chapter 7, effective 5 May 2005.

2.  The applicant took the oath of office of a National Guard officer on 26 June 2005 as a second lieutenant (2LT).  NHARNG Orders 181-002, dated 30 June 2005, appointed her in the ARNG in the rank of 2LT, AGC and assigned her to the 114th Mobile Public Affair Detachment, Manchester, NHARMG, effective
26 June 2005.

3.  There is no evidence that the National Guard Bureau (NGB) awarded the applicant permanent Federal Recognition effective 26 June 2005 based on the results of the FRB.

4.  The applicant appeared before a second FRB on 10 March 2006 to determine her qualifications for Federal Recognition as a 2LT in the AGC.  The 10 March 2006 NGB Form 89 indicated she met the requirements for appointment under the provisions of NGR 600-100, paragraph 2-9 and was extended temporary Federal Recognition as provided by NGR 600-100, chapter 2, effective 10 March 2006. 

5.  The applicant took the her second oath of office of a NG officer on 10 March 2006 as 2LT.  NHARNG Orders 083-006, dated 24 March 2006, appointed her in the ARNG in the rank of 2LT, AGC and assigned her to the 114th Mobile Public Affair Detachment, Manchester, NHARMG, effective 10 March 2006.

6.   NGB Federal Recognition Orders Number 134 AR, dated 24 May 2006, awarded the applicant permanent Federal Recognition for initial appointment to the grade of 2LT, effective 10 March 2006.

7.  In processing this case, an advisory opinion was obtained from the Chief, Personnel Division, National Guard Bureau, recommending disapproval of the applicant's request to adjust her initial appointment date to 26 June 2005 unless she provides an NGB Form 89 and Oaths of Office Form reflecting 26 June 2005 as the original initial appointment date.

8.  On 11 January 2007, the applicant was provided a copy of the advisory opinion.  On 13 February 2007, the applicant provided a copy of her NGB Form 89, dated 26 June 2005; and a copy of her Oaths of Office Form, dated 26 June 2005.  

9.  NGR 600-100 (Commissioned Officers – 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.  

10.  NGR 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.

11.  NGR 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 an FRB 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 6 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 FRB should be convened to consider the request again and grant another new period of temporary Federal Recognition if warranted.

12.  NGR 600-100, paragraph 10-15b states that temporary Federal Recognition may be granted by an FRB 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 FRB 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.

13.  Title 32 U.S.C. §307 states:  To be eligible for Federal Recognition as an officer of the National Guard, a person must receive an appointment with a view to filling a vacancy in a federally recognized unit or organization of the National Guard; have the qualifications prescribed by the Secretary concerned for the grade, branch, position, and type of unit or organization involved; and pass an examination for physical, moral, and professional fitness.  It provides that Federal Recognition thus extended is effective from the date of appointment in the Army National Guard.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was originally granted temporary Federal Recognition effective 26 June 2005 upon her original appointment in the ARNG.  At that time, her NGB Form 89 and allied documents should have been forwarded to the State Adjutant General for endorsement to the NGB.  For unknown reasons and through no fault of the applicant, this action was not taken.

2.  The applicant's Federal Recognition packet was considered by a second FRB on 10 March 2006, which resulted in the NGB issuing orders announcing extension of Federal Recognition to the applicant effective 10 March 2006.

3.  NGR 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.  The applicant executed her oath of office in the State of New Hampshire on 26 June 2005.  

4.  Title 32 U.S.C. §307 provides that Federal Recognition is effective from the date of appointment in the Army National Guard.

BOARD VOTE:

__mkp___  __lwr___  __reb___  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 issuing an order showing she was extended Federal Recognition as a 2LT effective 26 June 2005.
 



						Margaret K. Patterson
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20060010140
SUFFIX

RECON

DATE BOARDED
20070315
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
125.0200
2.

3.

4.

5.

6.