RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  28 August 2007
	DOCKET NUMBER:  AR20070001328 


	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. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Mr. Paul M. Smith

Chairperson

Mr. Rodney E. Barber

Member

Mr. Rowland C. Heflin

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 her date of rank on her National Guard Federal Recognition order (initial appointment) in the grade of second lieutenant be adjusted from 25 August 2006 to 27 October 2005.

2.  The applicant states, in effect, that she was appointed in the Indiana Army National Guard (INARNG) on 27 October 2005 and that her temporary Federal Recognition expired after 6 months due to an administrative error.

3.  The applicant provided a copy of her initial appointment packet, as follows, in support of her request:

	a.  National Guard Bureau (NGB) Form 89 (Proceedings of a Federal Recognitions Examining Board), dated 27 October 2005.

	b.  Applicant's Oath of Office, dated 27 October 2005.

	c.  Orders 307-012, dated 3 November 2005, appointing her in the Army National Guard.

	d.  NGB Form 89 (Proceedings of a Federal Recognitions Examining Board), dated 27 July 2006.

	e.  Applicant's Oath of Office, dated 25 August 2006.

	f.  Orders 241-039, dated 29 August 2006, appointing her in the Army National Guard.

	g.  National Guard Bureau (NGB) Federal Recognition Orders Number 312 AR, dated 12 December 2006, initial appointment.

CONSIDERATION OF EVIDENCE:

1.  On 27 October 2005, a Federal Recognition Board was held by the INARNG to determine if the applicant was qualified to be awarded Federal Recognition.  The proceedings indicated that the applicant was satisfactory in her physical qualifications, moral character and general qualifications.  

2.  The applicant accepted an appointment as a second lieutenant in the INARNG on 27 October 2005, executed an Oath of Office in the INARNG on the same date, and was granted temporary Federal Recognition.
3.  Military Department of Indiana State Orders 307-012, dated 3 November 2005 show that the applicant was appointed in the Army National Guard on 27 October 2005.

4.  National Guard Bureau Federal Recognition Orders Number 39 AR, dated 9 February 2006, awarded the applicant permanent Federal Recognition for initial appointment to the grade of second lieutenant, effective 27 October 2005.

5.  National Guard Bureau Federal Recognition Orders Number 40 AR, dated 9 February 2006, revoked the applicant's initial appointment due to her packet not having the DA Form 5074-1-R (Record of Award of Entry Grade Health Service Officers).

6.  On 27 July 2006, a second Federal Recognition Board was held by the INARNG to determine if the applicant was qualified to be awarded Federal Recognition.  The proceedings indicated that the applicant was satisfactory in her physical qualifications, moral character and general qualifications.

7.  On 25 August 2006, the applicant executed a second Oath of Office as a second lieutenant in the INARNG.

8.  Joint Forces Headquarters Indiana State Orders 241-039, dated 29 August 2006 show that the applicant was appointed in the Army National Guard on 25 August 2006.

9.  National Guard Bureau Federal Recognition Orders Number 312 AR, dated 12 December 2006, awarded the applicant permanent Federal Recognition for initial appointment to the grade of second lieutenant, effective 25 August 2006.

10.  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.  

11.  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. 

12.  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.

13.  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 27 October 2005 upon her initial appointment in the INARNG as a second lieutenant.  At that time, her complete Federal Recognition packet and allied documents should have been forwarded to the Adjutant General of the State of Indiana 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.  Subsequently, the applicant's Federal Recognition packet was considered by another INARNG Federal Recognition Board.  
3.  Based on the recommendations of the second INARNG Federal Recognition Board, the National Guard Bureau issued orders awarding the applicant permanent Federal Recognition effective 25 August 2006.  This administrative error denied the applicant Federal Recognition effective 27 October 2005.  

4.  Based on applicable law and regulation, the applicant is entitled to have Federal Recognition Order Number 312 AR, dated 12 December 2006, amended to show the effective date of permanent Federal Recognition in the grade of second lieutenant is 27 October 2005.

BOARD VOTE:

__pms___  __reb___  __rch___  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 Order Number 312 AR, dated 12 December 2006, to show that she was extended Federal Recognition effective 27 October 2005 in the grade of second lieutenant.




							Paul M. Smith
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070001328
SUFFIX

RECON

DATE BOARDED
20070828
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
125.0200
2.

3.

4.

5.

6.