RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 August 2007
	DOCKET NUMBER:  AR20070001329 


	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. Conrad V. Meyer

Chairperson

Mr. Dale E. DeBruler

Member

Ms. Ernestine R. Moya

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 date of rank on his National Guard Federal Recognition order (initial appointment) in the grade of second lieutenant be adjusted from 22 November 2005 to 1 February 2005.

2.  The applicant states, in effect, that he was appointed in the West Virginia Army National Guard (WVARNG) on 1 February 2005 and that his temporary Federal Recognition expired after 6 months due to an administrative error.

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

	a.  Orders 032-611, dated 1 February 2005, appointing him in the Army National Guard.

	b.  National Guard Bureau (NGB) Federal Recognition Orders Number 258 AR, dated 5 October 2006, initial appointment.

	c.  NGB Form 89 (Proceedings of a Federal Recognitions Examining Board), dated 1 February 2005.

	d.  NGB Form 89 (Proceedings of a Federal Recognitions Examining Board), dated 22 November 2005.

	e.  Memorandum dated 8 December 2004 listing the Results of November 2004 Selection Board.

CONSIDERATION OF EVIDENCE:

1.  On 10 August 2004, the applicant submitted an application for Federal Recognition as an Army National Guard Officer in the WVARNG.

2.  Records show that on 8 December 2004, the Director of Health Services sent a memorandum to the National Guard Bureau stating that the applicant was selected by the 17-19 November 2004 Selection Board in the Medical Service Corps.

3.  On 1 February 2007, a Federal Recognition Board was held by the WVARNG 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.  
4.  The applicant accepted an appointment as a second lieutenant in the WVARNG on 1 February 2005, executed an Oath of Office as a second lieutenant in the WVARNG on the same date, and was granted temporary Federal Recognition.

5  On 20 May 2005, the applicant completed the AMEDD Officer Basic Course.

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

7.  On 22 November 2005, a second Federal Recognition Board was held by the WVARNG 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.

8.  On 22 November 2005, the applicant executed a second Oath of Office as a second lieutenant in the WVARNG and was granted temporary Federal Recognition.  

9.  On 28 April 2006, the applicant completed the Principles of Military Preventive Medicine Course and the State of West Virginia Military Personnel Office approved the applicant's Area of Concentration and Skill Identifier as 72D67 on 18 July 2006. 

10.  National Guard Bureau Federal Recognition Orders Number 258 AR, dated 5 October 2006, awarded the applicant permanent Federal Recognition for initial appointment to the grade of second lieutenant, effective 22 November 2005.

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.

DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant was granted temporary Federal Recognition effective 1 February 2005 upon his initial appointment in the WVARNG as a second lieutenant.  At that time, his Federal Recognition packet and allied documents should have been forwarded to the Adjutant General of the State of West Virginia 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 WVARNG Federal Recognition Board.  
3.  Based on the recommendations of the second WVARNG Federal Recognition Board, the National Guard Bureau issued orders awarding the applicant permanent Federal Recognition effective 22 November 2005.

4.  From the foregoing, it is clear that an administrative error denied the applicant Federal Recognition effective 1 February 2005.  

5.  Based on applicable law and regulation, the applicant is entitled to have Federal Recognition Order Number 258 AR amended to show the effective date of permanent Federal Recognition in the grade of second lieutenant is 1 February 2005.

BOARD VOTE:

__cvm___  __ded___  __erm___  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 258 AR, dated 5 October 2006, to show that he was extended Federal Recognition effective 1 February 2005 in the grade of second lieutenant.



							Conrad V. Meyer
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070001329
SUFFIX

RECON

DATE BOARDED
20070821
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
125.0200
2.

3.

4.

5.

6.