RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 September 2007
      DOCKET NUMBER:  AR20060017403


      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:

|     |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, that his National Guard Federal
Recognition Order (initial appointment), dated 3 November 2006, in the
grade of second lieutenant (O-1) be corrected to show the Federal
Recognition effective date of 18 May 2005.

2.  The applicant states that he was originally appointed in the Puerto
Rico Army National Guard (PRARNG) on 18 May 2005.  He states that he was
granted a
6-month temporary Federal recognition and as a result of an administrative
error, it expired.  He states that he was re-boarded by a Senior Army
Adviser Board and that he was assigned a new appointment date of 20
September 2006.  He states that he signed a new National Guard Bureau Form
337 with a date of appointment of 20 September 2006 only as a requirement
of the Senior Army Adviser.

3.  The applicant provides in support of his application, a copy of Special
Orders Number 281 AR dated 3 November 2006, granting him Federal
recognition; a copy of his Oath of Office dated 18 May 2005; a copy of
orders dated 2 June 2005, appointing him as an O-1 in the PRARNG; a copy of
orders dated 19 October 2006 appointing him as an O-1 in the PRARNG; a copy
of Proceedings of a Federal Recognition Examining Board dated 20 September
2006; and a copy of his Oath of Office dated 20 September 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the PRARNG on 12 July 2004 and served until
he was discharged from the Army National Guard and as a Reserve of the Army
on 17 May 2005.

2.  Records show that the applicant completed an NGB Form 62-E (Application
for Federal Recognition as an Army National Guard Officer or Warrant
Officer) on 12 November 2004.  That application was approved by the
Adjutant General of the Commonwealth of Puerto Rico.

3.  The applicant was appointed a second lieutenant in the PRARNG effective
18 May 2005 by PRARNG Orders 104-503, dated 2 June 2005.

4.  On 18 May 2005, the applicant executed an Oath of Office as a second
lieutenant in the PRARNG and was granted temporary Federal Recognition.  In
accordance with National Guard Regulation 600-100 (Commissioned
Officer-Federal Recognition and Related Personnel Actions) temporary
Federal Recognition automatically terminates after 6 months if permanent
Federal Recognition is not granted.

5.  There is no evidence that the applicant received permanent Federal
Recognition as a second lieutenant from the National Guard Bureau within
the
6-month period required by National Guard/Army Regulations.  As a result
his temporary Federal Recognition expired.

6.  On 20 September 2006, a Federal Recognition Board was held by the
PRARNG 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.

7.  On 20 September 2006, the applicant executed a second Oath of Office as
a second lieutenant in the PRARNG.

8.  On 19 October 2006, PRARNG Orders Number 20-1 was published revoking
the applicant’s appointment as a second lieutenant in the PRARNG.

9.  PRARNG Orders 208-4, dated 19 October 2006, appointed the applicant in
the PRARNG as a second lieutenant effective 20 October 2006.

10.  National Guard Bureau Special Orders Number 281 AR dated 3 November
2006, awarded the applicant permanent Federal Recognition for initial
appointment to the grade of second lieutenant effective 20 September 2006.

11.  National Guard Bureau Federal Recognition Special Orders Number 101 AR
dated 27 April 2007 awarded the applicant Federal Recognition for promotion
to the grade of first lieutenant (O-2), effective 18 May 2007.

12.  On 6 July 2007, an advisory opinion was obtained from the Chief,
Personnel Division, Department of the Army and the Air Force National Guard
Bureau who recommended that relief be granted in the applicant's case.  A
copy of the advisory opinion was forwarded to the applicant for concurrence
on 16 July 2007; however, no response was received within the given time
frame.

13.  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.

14.  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.

15.  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.

16.  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.





DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant was granted temporary Federal
Recognition effective 18 May 2005 upon his initial appointment in the
PRARNG as a second lieutenant.  At that time, his Federal Recognition
packet and allied documents should have been forwarded to the Adjutant
General of the Commonwealth of Puerto Rico 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.  On 20 September 2006, the applicant's Federal Recognition packet was
considered by a PRARNG Federal Recognition Board and based on the
recommendations of that board, the National Guard Bureau issued orders
awarding the applicant permanent Federal Recognition effective 20 September
2006.

3.  From the foregoing conclusions, it is clear that an administrative
error denied the applicant Federal Recognition effective 18 May 2005.

4.  Based on applicable law and regulation, the applicant is entitled to
have National Guard Bureau Special Orders Number 281 AR dated 3 November
2006 amended to show that the effective date of his permanent Federal
Recognition in the grade of second lieutenant was 18 May 2005.

BOARD VOTE:

__RTD___  __CAD__  __EEM__  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 Special Orders Number 281 AR to show that he
was extended Federal Recognition effective 18 May 2005 in the grade of
second lieutenant.




                                  ___Richard T. Dunbar____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060017403                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070927                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |125.0200.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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