RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        02 October 2007
      DOCKET NUMBER:  AR20060013659


      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. Deyon D. Battle               |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Ann M. Campbell               |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Mr. Jeffrey C. Redmann            |     |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 the effective date of her commission to
second lieutenant (O-1) be adjusted to June 2004.  She further requests
that she receive credit for all missed drill time from December 2004
through April 2005 or that she be afforded the opportunity to make up
missed drill time for the purpose of pay and retirement points.

2.  The applicant states that she "pocketed" her commission after Officer
Candidate School (OCS) graduation in August 2003 due to mobilization.  She
states that after the expiration of her term of service in the Alabama Army
National Guard (ALARNG) on 29 April 2004, she enlisted in the United States
Army Reserve (USAR) with the intention of immediately accepting her
commission.  She states that her commander was well aware of her intentions
prior to her enlistment into the unit on 30 April 2004 and that after
months of the unit inquiring from various sources about how to handle her
situation, her commander wrote a memorandum to the 80th Division.  She
states that she was commissioned by her commander on 10 October 2004 and
that she was verbally told that she was not supposed to drill until she was
discharged from the enlisted ranks and picked up in the officer's rank in
the system.

3.  The applicant states that her paperwork went forward for processing and
after months of inquiring about her status, she was told that the paperwork
was invalid and needed to be resubmitted.  She states that she was finally
told that in order to get commissioned, she would need to request a direct
commission that could possibly take up to 1 year for approval but there was
no guarantee that her request would be approved.  She states that she
immediately contacted the Virginia Army National Guard (VAARNG) recruiter
and inquired about her options for commissioning.  She states that she then
requested a conditional release from the Reserve to accept a commission in
the VAARNG and that she was commissioned in the rank of O-1 approximately
60 days after enlisting in the VAARNG.  She concludes by stating that she
was following the guidance of her leadership and that she believes she
should not be penalized by loss of time in her career, loss of money due to
not being qualified to drill, and delayed commissioning due to no fault of
her own.

4.  The applicant provides in support of her application, a copy of
electronic mail (email) addressed to her from the Deputy Inspector General
(IG), VAARNG dated 15 September 2006; a copy of her IG Action Request dated
1 September 2006; a copy of Special Orders Number 340 AR dated 5 December
2005; a copy of orders dated 10 August 2005 discharging her from the
VAARNG; a copy of

Proceedings of a Federal Recognition Examining Board; a copy of her Army
National Guard Current Annual Statement; a copy of an IG Action Request
dated 11 April 2005; email that were forwarded and received by her
regarding her status on getting commissioned; a copy of her Oath of Office
– Military Personnel; a copy of a Request for Reserve Component Assignment
or Attachment; a copy of a Personnel Action; a copy of a letter from her
commander addressed to an official located at Fort Meade, Maryland
requesting assistance in determining the correct disposition of her
situation; a copy of her Enlistment/Reenlistment Document dated 3 August
2004; a copy of her National Guard Bureau Report of Separation and Record
of Service (NGB Form 22); a copy of her diploma from the ALARNG OCS; a copy
of her Approval and Acceptance by Service Representative for Interstate
Transfer in the Army National Guard; and a copy of separation orders dated
8 February 1995.

CONSIDERATION OF EVIDENCE:

1.  The available records show that the applicant successfully completed
ALARNG OCS on 7 August 2003.

2.  After completing 15 years and 12 days of total service for retired pay
purposes, the applicant was honorably discharged from the ALARNG in the pay
grade of E-5 on 29 April 2004, for the purpose of enlistment, reenlistment
or immediate reenlistment in any other component of the Armed Forces.

3.  On 30 April 2004, the applicant enlisted in the Army Reserve for 3
years in the pay grade of E-5.

4.  On 3 August 2004, the applicant's commanding officer (CO) forwarded a
memorandum to the Commander, 1st Brigade, 80th Division, Fort Meade,
Maryland, requesting assistance in determining the correct disposition of
the applicant's commissioning.  In the memorandum the applicant's CO
indicated that she was currently assigned to his unit and that she had
graduated from the ALARNG OCS.  Her CO indicated that at the time of OCS
graduation, she did not complete an Oath of Office and that while she did
sign her Oath of Office, the administering officer did not fill in the date
that the oath was given.  The applicant's CO further indicated that her
Certificate of Acknowledgement and Understanding of Service Requirements
for Individuals Applying for Appointment In the USAR was signed but not
dated; that she mobilized on 26 October 2003




and demobilized on 21 April 2004; and that she had not been assigned to a
basic branch.  The applicant's CO indicated that she stated the reason why
the commissioning documents were not completed and processed for her
accession into the Officer Corps was due to the mobilization, i.e. – the
commission was "pocketed" to be processed after demobilization, as
completing the accession action prior to mobilization would have made her
non-deployable (as she had not yet completed an Officer Basic Course).  The
available records fail to show the response that the applicant's CO
received.

5.  The emails that the applicant submitted in behalf of her application
indicate that she sought assistance in how to submit a complete commission
packet for an OCS graduate.

6.  On 10 October 2004, the applicant submitted a Personnel Action
requesting discharge from the enlisted ranks to accept a commission as a
second lieutenant in the USAR.  She also requested immediate reassignment
for career advancement and opportunities.  She requested 11 October 2004 as
her effective date of discharge.

7.  The applicant's records show that she was administered an Oath of
Office and that she accepted an appointment as a Reserve commissioned
officer in the rank of second lieutenant on 10 October 2004.

8.  The Proceedings of a Federal Recognition board indicate that the board
convened on 28 July 2005 to determine the applicant's qualifications for
Federal Recognition as a second lieutenant.  The board determined that her
physical qualifications, her moral character and her general qualifications
were satisfactory.  The board indicated that she was being appointed in an
authorized position at the higher grade as a maintenance control officer
and they determined that she possessed the necessary personal
characteristics and qualifications for appointment as a commissioned
officer in the Army National Guard (ARNG).

9.  Orders were published on 10 August 2005, discharging the applicant from
the ARNG and as a Reserve of the Army effective 5 August 2005 and
appointing her as a second lieutenant in the VAARNG with an effective date
of 6 August 2005.







10.  The applicant executed her Oath of Office in the VAARNG on 6 August
2005 and Special Orders Number 340 AR were published on 2 December 2005,
granting the applicant Federal recognition with an effective date of 6
August 2005.

11.  On 1 September 2006, the applicant submitted an IG Action Request
asking that her commission be back dated to June 2004 and credit for missed
drill time in 2004 and 2005.  She was referred to this Board for
appropriate action.

12.  On 23 August 2007, an advisory opinion (copy attached) was obtained
from the Chief, Personnel Division, Department of the Army and the Air
Force, National Guard Bureau, who opined that the applicant should be
granted retirement points credit only for the missed drills from December
2004 through April 2005, because her reenlistment documents reflect that
she reenlisted on 30 April 2004 for a period of 3 years while she was
assigned to the USAR.  The Chief, Personnel Division recommended
disapproval of her request pertaining to the adjustment of her initial
commission date to June 2004 as she signed her first Oath of Office on
10 October 2004.  The Chief, Personnel Division stated that there were no
documents found in her Official Military Personnel File reflecting that she
was commissioned in June 2004 and there was no Oath of Office signed by her
in June 2004.  The Chief, Personnel Division stated that the applicant was
initially appointed in the VAARNG effective 6 August 2005.  In the advisory
opinion, the Chief, Personnel Division states that in accordance with
National Guard Regulation 600-100, chapter 2, paragraph 2-2, the effective
date of Federal recognition for original appointment is the date on which
the commissioned officer executes the Oath of Office in the State.  The
Chief, Personnel Division goes on to refer to additional chapters and
paragraphs contained in National Guard Regulation 600-100 that support his
opinions and recommendations.

13.  On 23 August 2007, the applicant was furnished a copy of the advisory
opinion for her information and/or possible rebuttal.  The applicant
submitted a rebuttal to the advisory opinion in which she states that her
OCS graduation date was August 2003 and that she delayed her commissioning
due to her mobilization status on active duty in support of Operation Noble
Eagle.  She states that upon her release from active duty in April 2004,
she enlisted in the USAR with the intention to immediately accept her
commission.  She states that although her initial Oath of Office was signed
on 10 October 2004, she inquired through her chain of command and all of
the proper channels for months prior to signing her Oath of Office.  She
states that her packet was sent through the proper channels and it was
determined that the process and paperwork were
not submitted correctly.  The applicant states that it is her rebuttal that
she was qualified as an OCS graduate in August 2003 to be commissioned
immediately upon her release from active duty on 21 April 2004 and her
enlistment in the USAR on 30 April 2004.  She states that it was not her
fault that her unit and "higher" did not know the correct process for
commissioning.  She states that her commander was aware of her intention to
be commissioned upon her arrival in the unit in May 2004 and that the delay
in responses and assistance should not result in a delay of her commission.
 She requests date of commission to second lieutenant be adjusted to June
2004 or 10 October 2004.

DISCUSSION AND CONCLUSIONS:

1.  The Board agrees with the recommendation made by the Chief, Personnel
Division, in that the applicant should be awarded retirement point credit
for the missed drills from December 2004 through April 2005.

2.  The applicant did enlist in the USAR on 30 April 2004 for a period of 3
years and she was missing drills through no fault of her own.  Therefore,
it would now be in the interest of justice to correct her records to
include the retirement point credit that she would have received had she
not missed the scheduled drills.

3.  The applicant is not entitled to an adjustment of her initial date of
commission. There are no documents in her Official Military Personnel File
that shows that she signed an Oath of Office in June 2004 and the Oath of
Office that she signed on 10 October 2004 was returned after it was
discovered that the packet was either incomplete or incorrect.

4. The applicant's contentions have been noted.  The emails that she sent
and received pertaining to her commission date and her rebuttal to the
advisory opinion that was obtained in her case have also been noted.
However, in accordance with the applicable regulation, the effective date
of Federal recognition for original appointment is the date on which the
commissioned officer executes the Oath of Office in the State.  The
applicant executed her Oath of Office in the State of Virginia on 6 August
2005, the date that she was granted Federal recognition.

5.  The applicant has provided insufficient evidence to support her
contention that her initial commission date should be adjusted.  Therefore,
there is no basis for granting this portion of the applicant's request.

6.  In view of the foregoing, it would now be appropriate to correct the
applicant's records as recommended below.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_AMC___  __JCR__  __LMD___  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 partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by awarding her 4 inactive duty retirement points
per month, with appropriate pay for her missed drills for the months of
December 2004 through April 2005.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
adjusting her initial commission date to second lieutenant to June 2004 or
10 October 2004.




                            ___Ann M. Campbell          _
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060013659                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20071002                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  14   |102.0000/OFFICER APPOINTMENTS           |
|2.  15                  |102.0100/EFFECTIVE DATE                 |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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