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RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 July 2007
	DOCKET NUMBER:  AR20060017333 


	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. John J. Wendland, Jr.

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) in the grade of second lieutenant (2LT) be corrected to show an effective date of 12 May 2004, promotion to the grade of first lieutenant (1LT) effective 12 May 2006, and all pay and allowances due him based on these corrections.

2.  The applicant states, in effect, that he was initially appointed as a 2LT on
12 May 2004 in the Georgia Army National Guard (GAARNG); however, through no fault of his own, his temporary Federal recognition was allowed to expire.

3.  The applicant provides copies of NGB Form 89 (Proceedings of a Federal Recognition Examining Board), dated 12 May 2004 and 19 January 2006; NGB Form 337 (Oaths of Office), dated 12 May 2004 and 19 January 2006; and Headquarters, State of Georgia, Department of Defense, Military Division, Ellenwood, Georgia, Order 156-012, dated 6 June 2004.

CONSIDERATION OF EVIDENCE:

1.  On 12 May 2004, a Federal Recognition Board was held by the GAARNG to determine if the applicant was qualified to be awarded Federal Recognition.  The proceedings indicated that the applicant’s physical, moral, professional, and general qualifications were satisfactory and that he was qualified to be granted Federal Recognition.

2.  On 12 May 2004, the applicant executed an Oath of Office as a 2LT in the GAARNG and was granted temporary Federal recognition.  Headquarters, State of Georgia, Department of Defense, Military Division, Ellenwood, Georgia, Order 156-012, dated 6 June 2004, appointed the applicant a 2LT in the GAARNG, effective 12 May 2004.  This order also shows that the applicant’s promotion eligibility date (PED) for 1LT was 12 May 2006. 

3.  There is no evidence that the applicant received permanent Federal recognition as a 2LT from the National Guard Bureau (NGB) within the 6-month period required by National Guard/Army regulations.  As a result, his temporary Federal recognition expired.

4.  The applicant's records contain a DA Form 1059 (Service School Academic Evaluation Report), dated 25 March 2005, which shows that the applicant successfully completed the Signal Officer Basic Course on 25 March 2005.

5.  On 19 January 2006, another Federal Recognition Board was held by the GAARNG to determine if the applicant was qualified to be awarded Federal recognition.  The proceedings indicated that the applicant’s physical, moral, professional, and general qualifications were satisfactory and that he was qualified to be granted Federal recognition.

6.  On 19 January 2006, the applicant executed a second Oath of Office as a 2LT in the GAARNG and was granted temporary Federal recognition.  Headquarters, State of Georgia, Department of Defense, Military Division, Ellenwood, Georgia, Order 182-018, dated 1 July 2005, appointed the applicant a 2LT in the GAARNG, effective 19 January 2006.  This order also shows that the applicant’s PED for 1LT was 19 January 2008.

7.  Headquarters, National Guard Bureau, Washington, DC, Special Orders Number 114 AR, dated 3 May 2006, awarded the applicant permanent Federal recognition for initial appointment in the grade of 2LT, effective 19 January 2006.

8.  In connection with the processing of this case, an advisory opinion was obtained from the Chief, Personnel Division, National Guard Bureau, Arlington, Virginia, which recommended approval of the applicant's request.  The advisory opinion recommended adjustment of the applicant's initial appointment date as a 2LT to 12 May 2004, promotion of the applicant to 1LT effective 12 May 2006, and payment of all back pay and allowances due as a result of the promotion.

9.  The NGB advisory official also offers that a copy of Headquarters, State of Georgia, Department of Defense, Military Division, Ellenwood, Georgia, Order 093-006, dated 3 April 2006, which promoted the applicant to 1LT in the GAARNG, effective 12 May 2006, was received at Headquarters, NGB. However, the NGB Federal Recognition Section returned the promotion order and packet to the State without action as the applicant, at the time, had not as yet been awarded permanent Federal recognition in the grade of 2LT.

10.  On 14 May 2007, the applicant was provided a copy of the Chief, Personnel Division, National Guard Bureau advisory opinion in order to have the opportunity to respond to its contents.  On 21 May 2007, the applicant provided his concurrence with the advisory opinion.

11.  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.

12.  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. 

13.  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.

14.  National Guard Regulation 600-100, paragraph 10-15b, states that temporary Federal recognition may be granted by a 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.

15.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers, Other Than General Officers), paragraph 2-1, states, in pertinent part, that an officer in the grade of second lieutenant will be considered for promotion without review by a selection board.  The officer's records will be screened to determined eligibility for promotion to the next higher grade far enough in advance to permit promotion on the date the promotion service is completed in compliance with table 2-1 or table 2-3 of this regulation.

16.  Table 2-1 (Time in Grade Requirements Commissioned Officers, Other Than Commissioned Warrant Officers) of Army Regulation 135-155 states that the minimum time in grade as a second lieutenant for promotion to first lieutenant is 2 years.

17.  Table 2-2 (Military Educational Requirements Commissioned Officers, Other Than Commissioned Warrant Officers Grade) of Army Regulation 135-155 states, in pertinent part, that second lieutenants must complete a resident officer basic course to be eligible for promotion to first lieutenant.

DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant was granted temporary Federal recognition, effective 12 May 2004, upon his initial appointment in the GAARNG as 2LT.  At that time, his Federal recognition packet and allied documents were to be forwarded to The Adjutant General of the State of Georgia for endorsement to the National Guard Bureau for extension of permanent Federal recognition. However, through no fault of the applicant, the Federal recognition packet was either lost or misplaced, as it was not acted upon by the National Guard Bureau.

2.  Subsequently, the applicant's Federal recognition packet was considered by another GAARNG Federal Recognition Board.  Based on the recommendations of the second GAARNG Federal Recognition Board, the National Guard Bureau issued orders awarding the applicant permanent Federal recognition, effective
19 January 2006.

3.  From the foregoing, it is clear that an administrative error denied the applicant Federal recognition, effective 12 May 2004.  Therefore, based on applicable law and regulation, the applicant is entitled to correction of his records to show permanent Federal recognition of his initial appointment in the grade of 2LT, effective 12 May 2004.

4.  In view of the foregoing and based on the 12 May 2004 effective date for 2LT, the applicant was eligible for promotion to 1LT on 12 May 2006.  In addition, the evidence of record shows the applicant met the military educational requirement (i.e., completion of the Signal Officer Basic Course) for promotion to 1LT prior to 12 May 2006.  Therefore, the applicant is entitled to correction of his records to show he was promoted to 1LT and awarded permanent Federal recognition for promotion to 1LT, effective 12 May 2006.

BOARD VOTE:

___KAN _  ___SAP_  __EEM __  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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:

a.  amending Headquarters, National Guard Bureau, Washington, DC, Special Orders Number 114 AR, dated 3 May 2006, to show that he was extended Federal recognition in the ARNG for initial appointment in the rank of second lieutenant/pay grade O-1, effective 12 May 2004;

b.  promoting the applicant to the rank of first lieutenant/pay grade O-2, effective 12 May 2006; and

c.  awarding the applicant permanent Federal recognition for promotion to the rank of first lieutenant/pay grade O-2, effective 12 May 2006.

2.  The Board further recommends that, based upon the 12 May 2006 promotion effective date to 1LT, the applicant be awarded all back pay and allowances he may be entitled to as a commissioned officer serving in the rank of first lieutenant/pay grade O-2.




___Kathleen A. Newman___
          CHAIRPERSON




INDEX

CASE ID
AR20060017333
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/07/10
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
125.0200.0000
2.

3.

4.

5.

6.