RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 July 2007
	DOCKET NUMBER:  AR20060015550 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Ms. Kathleen A. Newman

Chairperson

Ms. Susan A. Powers

Member

Mr. Edward E. Montgomery

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 17 March 2006, in the grade of captain be corrected to show the effective date 23 May 2005.  

2.  The applicant states that due to an administrative error, permanent Federal Recognition Orders were not published prior to the expiration of temporary Federal Recognition as a captain in the NYARNG.  He further states that his temporary Federal Recognition expired on 22 November 2005 resulting in a requirement to have a new Federal Recognition Board, a new oath of office, and new state appointment orders dated on 9 January 2006.

3.  The applicant provides a copy of his initial appointment packet in support of this application.

CONSIDERATION OF EVIDENCE:

1.  On 23 May 2005, a Federal Recognition Board was held by the NYARNG 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.  

2.  The applicant accepted an appointment as a captain in the NYARNG on
23 May 2005.  

3.  On 23 May 2005, the applicant executed an Oath of Office as a captain in the NYARNG and was granted temporary Federal Recognition.

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

5.  On 9 January 2006, a second Federal Recognition Board was held by the NYARNG 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.  

6.  On 9 January 20006, the applicant executed a second Oath of Office as a captain in the NYARNG and was granted temporary Federal Recognition.

7.  National Guard Bureau Federal Recognition Orders Number 75 AR, dated 17 March 2006, awarded the applicant permanent Federal Recognition for initial appointment to the grade of captain, effective 9 January 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 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.  

9.  National Guard Regulation 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. 

10.  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.

11.  National Guard Regulation 600-100, paragraph 10-15b 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 23 May 2005 upon his initial appointment in the NYARNG as a captain.  At that time, his Federal Recognition packet and allied documents should have been forwarded to the Adjutant General of the State of New York 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 NYARNG Federal Recognition Board.  

3.  Based on the recommendations of the second NYARNG Federal Recognition Board, the National Guard Bureau issued orders awarding the applicant permanent Federal Recognition effective 9 January 2006.

4.  From the foregoing, it is clear that an administrative error denied the applicant Federal Recognition effective 23 May 2005.  

5.  Based on applicable law and regulation, the applicant is entitled to have Federal Recognition Order Number 75 AR amended to show the effective date of permanent Federal Recognition in the grade of captain is 23 May 2005.

BOARD VOTE:

_EM____  _SP____  __KAN ___  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 75 AR dated 17 March 2006 to show that he was extended Federal Recognition effective 23 May 2005 in the grade of captain.





__Kathleen A. Newman_
          CHAIRPERSON


INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.