RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  27 September 2007
	DOCKET NUMBER:  AR20060017332 


	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

Ms. Joyce A. Wright

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, in effect, her date of rank and appointment date be corrected.

2.  The applicant states, in effect, that she believes her record to be in error because the temporary Federal recognition expired.  She adds that the temporary recognition was not valid for 6 months. 

3.  The applicant provides several documents from her OMPF (Official Military Personnel File) in support of her request.

CONSIDERATION OF EVIDENCE:

1.  On 7 August 2003, the applicant appeared before a Federal Recognition Examining Board (FREB).  She was found to be physically, morally and generally qualified for appointment as a second lieutenant in the Ordnance Corps branch; however, the stipulation that she must complete the Officer Basic Course (OBC) within 24 months from appointment date was imposed on her by the board.  

2.  The applicant was granted temporary Federal recognition in the GAARNG, as a second lieutenant (2LT/O-1), in the Adjutant General (AG) Corps branch effective 22 February 2005.  She signed her Oaths of Office on the same day.

3.  On 4 March 2005, the applicant was issued State of Georgia, Department of Defense, Military Division Orders 063-024, showing her appointment in the GAARNG, as a second lieutenant effective 22 February 2005, with a promotion eligibility date (PED) for first lieutenant (1LT/O-2), effective 22 February 2007, with branch designation as AG.

4.  The applicant attended the AG OBC from 11 September 2005 through 16 December 2005. 

5.  On 19 January 2006, a FREB convened to determine the applicant's qualification for Federal recognition as a second lieutenant in the Ordnance Corps branch.  She was considered and found acceptable for appointment and determined the applicant must complete an OBC within 12 months.

6.  The applicant signed her Oaths of Office on 19 January 2006.


7.  On 27 July 2006, the applicant was issued Department of the Army the Air Force, National Guard Bureau (NGB) Special Orders Number 187 AR, showing extension of Federal recognition in the GAARNG, as a second lieutenant, effective 19 January 2006, based on her initial appointment.  

8.  State of Georgia, Department of Defense, Military Division Orders 063-024 (Corrected Copy) dated 4 March 2005, was issued appointing her as a 2LT/O-1 in the GAARNG with an effective date of 19 January 2006, with a PED for 
1LT/O-2, effective 20 January 2008.

9.  In an advisory opinion, dated 25 July 2007, the Chief, Personnel Division, Departments of the Army and the Air Force, NGB, reiterated the applicant's request and statement.  The NGB Form 62 (Application for Federal Recognition as an Army National Guard Officer and Appointment as a Reserve Commissioned Officer of the Army in the Army National Guard of the United States) was published for the officer to be appointed as a 2LT in the AG Corps effective 22 February 2005.  She signed her Oaths of Office on the same date.  The NGB official elaborated on the sequence of events previously discussed.

10.  The Chief, Personnel Division, advised that in accordance with National Guard Regulation (NGR) 600-100, chapter 2, paragraph 2-2, the effective date of Federal Recognition for an original appointment is the date on which the commissioned officer executes the Oaths of Office in the State.  Also, paragraph 2-3a states that temporary Federal Recognition upon appointment establishes the authorized grade to be used by all officers in their Federally recognized status.  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 FREB, pending final determination of eligibility, and appointed 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 FREB should be convened to consider the request again and grant another new period of temporary Federal recognition, if warranted.

11.  The Chief, Personnel Division, further advised that NGR 600-100, paragraph 10-15b states that temporary Federal recognition may be granted by an FREB to those eligible when the board finds that the member has successfully passed the examination prescribed herein, has subscribed to the Oaths 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 FREB will forward the NGB Form 89 and allied documents to The Adjutant General (TAG).  When the member is favorably recommended, TAG 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.  

12.  The NGB, Personnel Division, recommended that the applicant's request for her initial appointment date be adjusted from 19 January 2006 to 22 February 2005, and that she be promoted to 1LT/O-2, effective 22 February 2007, with all back pay and allowances. 

13.  The advisory opinion was forwarded to the applicant for acknowledgement and/or rebuttal on 31 July 2007 and she concurred on 5 August 2007.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the Federal Recognition Examining Board recommended the applicant for appointment in the GAARNG in the rank of second lieutenant with an effective date and date of rank of 22 February 2005.  Through no fault of the applicant, her temporary extension of Federal Recognition expired. 

2.  A second FREB was convened and again found her qualified for Federal recognition for appointment.  Upon submission of another appointment, another Oaths of Office was initiated and her date of rank for second lieutenant became 19 January 2006, the date the second oath was administered.  The administrative error in processing and securing the applicant's Federal Recognition altered her date of rank through no fault of her own and she should not be penalized for this action.

3.  In view of the circumstances in this case, the applicant is entitled to correction of her records to show she was appointed in the GAARNG and extended Federal Recognition as a second lieutenant effective 22 February 2005, and to be promoted to 1LT/O-2, with entitlement to all back pay and allowances.  The applicant is entitled to nullification of her Oaths of Office, dated 19 January 2006, and revocation of Orders 063-024, dated 4 March 2005 (Corrected Copy); and Special Orders Number 187 AR, dated 27 July 2006.  These documents should be declared void and of no force or effect.  


4.  In view of the foregoing, the applicant’s GAARNG and Department of the Army records should be corrected as recommended below.

BOARD VOTE:

_RTD____  __ CD___  ___ EM_  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 the State of Georgia Army National Guard and Department of the Army records of the individual concerned be corrected by:

	a.  voiding the applicant's Oaths of Office, dated 19 January 2006; the State of Georgia Orders 063-024 (Corrected Copy), dated 4 March 2005; 

	b.  amending NGB Special Orders Number 187 AR, dated 27 July 2006, to show that the applicant was appointed in the Georgia Army National Guard and extended Federal Recognition, as a second lieutenant, effective 22 February 2005, with all appropriate adjustment of pay and allowances; and

c.  showing the applicant was promoted to first lieutenant, effective 22 February 2007, to include all back pay and allowances.




_____Richard T. Dunbar_____
          CHAIRPERSON







INDEX

CASE ID
AR20070017332
SUFFIX

RECON

DATE BOARDED
20070927
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
AR . active duty. . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
125
2.

3.

4.

5.

6.