RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 September 2007
	DOCKET NUMBER:  AR20060015553 


	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. G. E. Vandenberg

Analyst


The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Mr. Chester A. Damian

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 that his date of initial appointment in the New York Army National Guard (NYARNG) be corrected from 9 January 2006 to 14 April 2005.

2.  The applicant states that due to an administrative error his permanent Federal Recognition orders where not published prior to the expiration of the temporary recognition.  This resulted his having to resubmit the paper work and the establishment of a new effective date.

3.  The applicant provides copies of his initial appointment packet and state appointment orders. 

CONSIDERATION OF EVIDENCE:

1.  The available records show the applicant enlisted in the NYARNG on 20 August 1999.

2.  On 18 May 2001, while participating in the Reserve Officer Training Corps (ROTC) program, the applicant received a Reserve commission as a second lieutenant (2LT), Aviation Branch (AV).

3.  Departments of the Army and the Air Force, National Guard Bureau Special Orders Number 7 AR, dated 08 January 2002, granted the applicant Federal recognition, effective 16 September 2001.

4.  Departments of the Army and the Air Force, National Guard Bureau Special Orders Number 161 AR, dated 11 June 2002, amended the applicant's date of Federal recognition from 16 September 2001 to 19 May 2001.

5.  The applicant served on active duty for the period from 29 August 2002 through 26 November 2003 as a 2LT, AV.

6.  Office of The Adjutant General, State of New York Orders 005-003, dated 6 January 2004, ordered the applicant, as a 2LT, to active duty for a period not to exceed 576 days.

7.  Office of The Adjutant General, State of New York Orders 038-599, dated 2 February 2004, promoted the applicant to first lieutenant (1LT), effective 19 May 2003.

8.  Departments of the Army and the Air Force, National Guard Bureau Special Orders Number 33 AR, dated 11 February 2004, granted the applicant Federal recognition as a 1LT in the AV.

9.  The applicant served on active duty from 3 January 2004 through 30 June 2005 as a 1LT, AV.

10.  The applicant’s record contains a partial (two page) copy and a complete copy of an NGB Form 62E-E (Application for Federal Recognition) with a typed date of submission of 10 November 2004.  The form indicates the applicant was approved for appointment in the Medical Service Corps (MSC) effective 14 April 2005.  The typed date of approval is lined out and a handwritten date of 9 January 2006 is added.

11.  The Office of The Adjutant General, State of New York Orders 025-1042, dated 25 January 2006, appointed the applicant as a 1LT, MSC effective 9 January 2006.

12.  On 17 March 2006, Departments of the Army and the Air Force, National Guard Bureau Special Orders Number 75 AR extended Federal recognition to the applicant.  The orders indicate that this was an initial appointment as a 1LT, MS and a reappointment from his appointment as a 1LT, AV.  The date of initial appointment as a 1LT, MS is listed as 09 January 2006 with a date of rank (DOR) of 19 May 2003.

13.  On 26 April 2007, U. S. Army Human Resources Command, St. Louis, notified the applicant that he had been selected for promotion to captain with a promotion eligibility date of 18 May 2008.  

14.  On 2 May 2007, the applicant, as a 1LT, MSC was reassigned from a duty position of Section Leader to that of Platoon Leader (a verified captain’s position).

15.  The applicant's most current DA Form 2-1 (Personnel Qualification Record) was prepared on 17 October 2006.  It does not indicate his conversion from the aviation branch to the medical service corps.

16.  In the preparation of this case an advisory opinion was obtained from the Chief, Personnel Division, National Guard Bureau.  It was noted that the applicant's records did not contain any indication of a 2005 Federal recognition 

board or Oath of Office.  It was opined that the applicant's request be denied unless the applicant could provide a copy of the proceedings from a Federal recognition examining board which would have afforded him an earlier date of board approval.

17.  A copy of the advisory opinion was forwarded to the Headquarters, NYARNG since the applicant did not include a return address on his application. No response to this opinion is of record.  Additional attempts to contact the applicant at addresses listed in his official records also failed to elicit a response.

18.  National Guard Regulation 600-100, chapter 2, paragraph 2-2 states that the effective date of Federal recognition for an original appointment is the date on which the officer executes the Oath of Office in the State.  The regulation also states that temporary Federal recognition automatically expires after six months and a new application must be filed.

19.  It is also noted that the applicant's records are not well maintained and that the integrated-Personnel Electronic Records Management System (i-PERMS) record contains a document pertaining to another officer.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records are incomplete, incorrect, and/or poorly maintained.  Additionally, the record contains at least one document that belongs to another officer that should be purged from this officer's official records. 

2.  The record contains both a partial and a complete copy of the NGB Form 62E-E for Federal recognition as a Medical Service Corps 1LT.  Both have a date of submission of 10 November 2004.  

3.  The typed portion of the completed form lists a typed approval date of 14 April 2005.  However, the April date is lined out and a handwritten date of 9 January 2006 was entered.

4.  These factors combined with the other errors in his records lends credence to the contention that through administrative errors the applicant was either not properly applied for Federal recognition or that his Federal recognition was not properly completed.

5.  However, there is no documentation to substantiate that the applicant's request went before a Federal recognition board or that he received recognition on or about 14 April 2005. 
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__RTD__  __CAD  __  __EEM__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




__Richard T. Dunbar_
          CHAIRPERSON


INDEX

CASE ID
AR20060015553
SUFFIX

RECON
 
DATE BOARDED
20070927 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
  . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
100
2.
112
3.
125
4.

5.

6.