RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 December 2007
	DOCKET NUMBER:  AR20070002094 


	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. Michael J. Fowler

Analyst


The following members, a quorum, were present:


Ms. Kathleen A. Newman

Chairperson

Ms. Rose M. Lys

Member

Mr. Edward 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 his date of rank (DOR) to Second Lieutenant and First Lieutenant be adjusted.

2.  The applicant states, in effect, that he was initially appointed as a Second Lieutenant in the Alabama Army National Guard (ALARNG) on 17 August 2003.  On 3 November 2003, he resigned his commission.  He was commissioned again on 21 April 2005 and he was not given DOR credit for his prior service as a Second Lieutenant.

3.  The applicant provides National Guard Bureau (NGB) Federal Recognition Orders Number 229 AR, dated 9 September 2003; an Oath of Office, dated 
17 August 2003; ALARNG Orders 233-376, dated 21 August 2003; ALARNG Orders 252-141, dated 9 September 2003; NGB Federal Recognition Orders Number 240 AR, dated 24 September 2003; NGB Federal Recognition Orders Number 251 AR, dated 1 October 2003; ALARNG Orders 336-146, dated 
2 December 2003; DD Forms 4/1 and 4/2 Enlistment/Reenlistment Document - Armed Forces of the United States), dated 4 November 2003; ALARNG Orders 112-173, dated 22 April 2005; NGB Federal Recognition Orders Number 142 AR, dated 5 May 2005; an Oath of Office, dated 21 April 2005; NGB Form 
89 (Proceedings of a Federal Recognition Examining Board), dated 21 April 2005; NGB Federal Recognition Orders Number 171 AR, dated 20 July 2007; DA Form 1059 (Service School Academic Evaluation Report), dated 18 November 2005; DA Form 2-1 (Personnel Qualification Record Part II), and DD Form
214 (Certificate of Release or Discharge from Active Duty), with the period ending 18 November 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant had prior enlisted service in the ALARNG.  

2.  NGB Federal Recognition Orders Number 229 AR, dated 9 September 2003, show that the applicant was awarded permanent Federal recognition for initial appointment as a Second Lieutenant in the ALARNG effective 17 August 
2003.  These orders were amended by NGB Federal Recognition Orders Number 251 AR, dated 1 October 2003, to read 18 September 2003.




3.  On 3 November 2003, the applicant was separated from the ARNG and resigned his commission from the Reserve of the Army.  He had served a total of 1 month and 16 days as a Second Lieutenant in the ALARNG.  

4.  The applicant enlisted in the ALARNG for a period of one year.  On 20 April 2005, the applicant was discharged from the ARNG and as Reserve of the Army in his enlisted status and appointed a Second Lieutenant in the ALARNG effective 21 April 2005.

5.  NGB Federal Recognition Orders Number 142 AR, dated 5 May 2005, show that the applicant was awarded permanent Federal recognition for initial appointment as a Second Lieutenant in the ALARNG effective 21 April 2005.

6.  NGB Federal Recognition Orders Number 238 AR, dated 20 July 2007, awarded the applicant permanent Federal recognition for the purpose of promotion to the grade of First Lieutenant in the ALARNG effective 21 April 
2007.

7.  An advisory opinion was obtained from the Chief of the Personnel Division of the National Guard Bureau.  The Chief of the Personnel Division recommended approval of the applicant's request for adjustment of his date of rank as a first lieutenant and initial appointment date.

8.  The Chief of the Personnel Division stated that the applicant's initial effective date as a Second Lieutenant remains as 21 April 2005, with a DOR to be adjusted to 17 August 2003 and further recommended that his First Lieutenant promotion effective date and DOR be adjusted to 17 August 2005 with entitlement to back pay and allowances as a result of the adjustment. 

9.  The applicant was provided a copy of the advisory opinion for review and comment.  The applicant did not reply to the advisory opinion.

10.  Title 10, United States Code, section 12206 provides that, under regulations prescribed by the Secretary of Defense, a person who is a former commissioned officer may, if otherwise qualified, be appointed as a reserve officer of the Army. A person so appointed may be placed on the reserve active-status list of that armed force in the grade equivalent to the permanent regular or reserve grade, and in the same competitive category, in which the person previously served satisfactorily on active duty or in an active status; and may be credited for the purpose of determining date of rank under section 741(d) of this title with service in grade equal to that held by that person when discharged or separated.


DISCUSSION AND CONCLUSIONS:

1.  After amended orders were issued the applicant was initially appointed as a Second Lieutenant with an effective date of 18 September 2003 and a DOR of 
18 September 2003.  Evidence of record shows he resigned his commission on
3 November 2003 after having served 1 month and 16 days as a Second Lieutenant.

2.  The applicant was appointed again to Second Lieutenant on 21 April 2005.  The National Guard Bureau did not give the applicant service credit for his time served as a Second Lieutenant when his second permanent Federal recognition orders where issued.  His DOR should have been adjusted to read 5 March 2005.

3.  On 21 April 2007, the applicant was promoted to the rank of First Lieutenant with a DOR of 21 April 2007.  Based on the adjusted Second Lieutenant DOR he should have been promoted to First Lieutenant on 5 March 2007.

4.  As a result, it would be appropriate in this case to amend NGB Federal Recognition Order Number 142 AR, dated 5 May 2005, to show the DOR of 
5 March 2005 for the rank of Second Lieutenant and amending NGB Federal Recognition Order Number 171 AR, dated 20 July 2007, to show he was granted Federal recognition as a First Lieutenant effective 5 March 2007.

BOARD VOTE:

__KAN __  __RML  _  ___EM __  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 the State Army National Guard and all Department of the Army records of the individual concerned be corrected by amending NGB Federal Recognition Order Number 
142 AR, dated 5 May 2005, to show he was appointed as a Second Lieutenant 
effective 21 April 2005 with a DOR of 5 March 2005 and amending NGB Federal Recognition Order Number 171 AR, dated 20 July 2007, to show he was granted Federal Recognition as a First Lieutenant effective 5 March 2007.




__Kathleen A. Newman_
          CHAIRPERSON

































INDEX

CASE ID
AR20070002094
SUFFIX

RECON

DATE BOARDED
6 DECEMBER 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY
MR. SHATZER
ISSUES         1.
102.0700.0000
2.

3.

4.

5.

6.