RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 April 2007
	DOCKET NUMBER:  AR20060010832 


	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. Lisa O. Guion

Analyst


The following members, a quorum, were present:


Mr. James E. Vick

Chairperson

Mr. Patrick H. McGann

Member

Mr. Gerald J. Purcell

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 16 March 2006, in the grade of second lieutenant (2LT), be corrected to show the effective date 29 June 2005.

2.  The applicant states he was initially appointed as a 2LT in the California Army National Guard (CAARNG) on 29 June 2005, and that he did not receive timely Federal Recognition.

3.  The applicant provides the following documents in support of his application:  Electronic Mail (e-mail) Messages; Department of the Army DA CAARNG Memorandum, dated 5 May 2005; Oath of Office (NGB Form 337), dated 
29 June 2005; Joint Forces Headquarters (JFH), CAARNG Order Number
186-1142, dated 5 July 2005; and Department of the Army and Air Force, National Guard Bureau (NGB) Special Orders Number 72, dated 16 March 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that after having served in an enlisted status in the CAARNG, he was honorably separated on 28 June 2005, for the purpose of accepting an appointment as a commissioned or warrant officer.  The separation document (NGB Form 22) he was issued at the time shows he held the rank of sergeant that he had completed a total of 17 years, 1 month and 
14 days of Reserve Component (RC) service.

2.  On 29 June 2005, the applicant accepted an appointment as a 2LT in the CAARNG and executed an Oath of Office.  He was also granted temporary Federal Recognition at that time.

3.  On 29 June 2005, a Federal Recognition Board was held by the CAARNG to determine if the applicant was qualified for Federal Recognition.  The proceedings indicated that the applicant was satisfactory in his physical qualifications, moral character, professional and general qualifications.

4.  There is no evidence that the applicant received permanent Federal Recognition as a 2LT from the NGB within the six-month period required by National Guard/Army regulations.  As a result his temporary Federal Recognition expired.


5.  On 26 January 2006, a second Federal Recognition Board was held by the CAARNG to determine if the applicant was qualified for Federal Recognition.  The proceedings indicated that the applicant was satisfactory in his physical qualifications, moral character, professional and general qualifications.

6.  On 16 March 2006, the NGB issued Special Order Number 72 AR, which shows that the applicant was awarded an extension of Federal Recognition in the ARNG for the purposes of his initial appointment. 

7.  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, and 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.  

8.  Paragraph 2-2 of the same regulation 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. 

9.  Paragraph 2-13 of the same regulation 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.


10.  Paragraph 10-15b of the same regulation states that temporary Federal Recognition may be granted by an 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 29 June 2005, upon his initial appointment in the CAARNG as a 2LT.  At that time, his Federal Recognition packet and allied documents should have been forwarded to the Adjutant General of the State of Arkansas for endorsement to the NGB for extension of permanent Federal Recognition.  Through no fault of the applicant, this action was not taken.  

2. On 26 January 2006, the applicant's Federal Recognition packet was considered by a second CAARNG Federal Recognition Board.  Based on the recommendations of this Federal Recognition Board, the NGB issued orders awarding the applicant permanent Federal Recognition effective 26 January 2006. 

4.  The evidence of record clearly shows that an administrative error denied the applicant Federal Recognition effective 29 June 2005.  Based on the applicable law and regulation, the applicant is entitled to have Federal Recognition Order Number 72 AR amended to show the effective date of permanent Federal Recognition in the grade of 2LT as 29 June 2005.

BOARD VOTE:

___JEV _  __PHM__  __GJP __  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 72 AR, dated 26 January 2006, to show that he was extended Federal Recognition effective 29 June 2005 in the grade of second lieutenant.




_____James E. Vick______
          CHAIRPERSON




INDEX

CASE ID
AR20060010832
SUFFIX

RECON
NO
DATE BOARDED
2007/04/24
TYPE OF DISCHARGE
NA
DATE OF DISCHARGE
NA
DISCHARGE AUTHORITY
NA
DISCHARGE REASON
NA
BOARD DECISION
GRANT
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
100.0200
2.

3.

4.

5.

6.