RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 March 2007
	DOCKET NUMBER:  AR20060012988 


	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, in effect, that her National Guard Federal Recognition order (initial appointment), dated 16 May 2006, in the grade of second lieutenant be corrected to show the effective date 15 July 2005.  

2.  The applicant states she was initially appointed as a second lieutenant on 
15 July 2005 in the Wisconsin Army National Guard (WIARNG) and that she did not receive timely Federal Recognition.  She further states that she is subject to recoupment of pay and will also lose her time in grade if her initial appointment is not adjusted to 15 July 2005 vice 30 March 2006.

3.  The applicant provides the following documents in support of her application:  Joint Forces Headquarters Wisconsin National Guard Memorandum, dated 
23 May 2006; Department of Army and the Air Force National Guard Bureau, Special Orders Number (#) 127AR, dated 16 May 2006; Oaths of Office (NGB Form 337), dated 15 July 2005 and 13 March 2006; Joint Force Headquarters Wisconsin National Guard, Orders # 126-700, dated 6 May 2006; State of Wisconsin Department of Regulation and Licensing; Joint Force Headquarters Wisconsin Memorandum, dated 15 March 2006; Service School Academic Evaluation Reports (DA Form 1059); Academy of Health Sciences Diploma; National Commission on Certification of Physician Assistants; Certificate of Acknowledgement and Understanding of Service Requirements for Individuals Applying for Appointment in the United States Army Reserve (USAR) (DA Form 3575); Joint Force Headquarters Wisconsin Orders # 200-701, dated 19 July 2005; Record of Award of Entry Grade Credit (DA Form 5074-1-R); Oath of Office-Military Personnel (DA Form 71); Application for Federal Recognition as an Army National Guard Officer or Warrant Officer and Appointment as a Reserve Commissioned Officer or Warrant Officer (NGB Form 62-E); Proceedings of Federal Recognition Examining Board (NGB Form 89). 

CONSIDERATION OF EVIDENCE:

1.  On 14 June 2005, a Federal Recognition Board was held by the WIARNG to determine if the applicant was qualified to be awarded Federal Recognition.  The proceedings indicated that the applicant was satisfactory in her physical qualifications, moral character and general qualifications.  

2.  The applicant accepted an appointment as a second lieutenant in the WIARNG on 15 July 2005.  

3.  On 15 July 2005, the applicant executed an Oath of Office as a second lieutenant in the WIARNG and was granted temporary Federal Recognition.

4.  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 her temporary Federal Recognition expired.

5.  On 13 March 2006, the applicant executed a second Oath of Office as a second lieutenant in the ARARNG and was granted temporary Federal Recognition.

6.  National Guard Bureau Federal Recognition Orders Number 127 AR, dated 16 May 2006, awarded the applicant permanent Federal Recognition for initial appointment to the grade of second lieutenant, effective 30 March 2006.

8.  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, in pertinent part,  that commissioned officers of the ARNG are appointed by the 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.  

9.  Paragraph 2-2 of the Federal Recognition regulation states, in pertinent part, 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. 


10.  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.

11.  Paragraph 10-15b of the Federal Recognition 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 15 June 2005 upon her initial appointment in the WIARNG as a second lieutenant.  At that time, her Federal Recognition packet and allied documents should have been forwarded to the Adjutant General of the State of Wisconsin 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 WIARNG Federal Recognition Board.  

3.  Based on the recommendations of the second WIARNG Federal Recognition Board, the National Guard Bureau issued orders awarding the applicant permanent Federal Recognition effective 30 March 2006.

4.  From the foregoing, it is clear that an administrative error denied the applicant Federal Recognition effective 15 June 2005.  
5.  Based on applicable law and regulation, the applicant is entitled to have Federal Recognition Order Number 127 AR amended to show the effective date of permanent Federal Recognition in the grade of second lieutenant is 15 June 2005.

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 amending Federal Recognition Order Number 127 AR, dated 16 May 2006, to show that she was extended Federal Recognition effective 15 June 2005 in the grade of second lieutenant.




_____x___
          CHAIRPERSON



INDEX

CASE ID
AR20060012988
SUFFIX

RECON
N/A
DATE BOARDED
2007/03/20
TYPE OF DISCHARGE
N/A
DATE OF DISCHARGE
N/A
DISCHARGE AUTHORITY
N/A
DISCHARGE REASON
N/A
BOARD DECISION
Grant
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.125
Fed Rec
2.

3.

4.

5.

6.