RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  17 January 2008
	DOCKET NUMBER:  AR20070003128 


	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. Judy Blanchard

Analyst


The following members, a quorum, were present:


Mr. Hubert O. Fry

Chairperson

Mr. John T. Meixell

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 his National Guard Federal Recognition order (initial appointment) be amended to read 21 May 2005 with a date of rank of 14 March 2006.

2.  The applicant states, in effect, that due to an administrative error, his Federal Recognition application was not submitted on time. 

3.  The applicant provides copies of the initial and current NGB Forms 89 (Proceedings of a Federal Recognition Examining Board), dated 19 May 2005 and 13 March 2006, respectively; 2 NGB Forms 337 (Oaths of Office), dated 
21 May 2005 and 14 March 2006; Departments of the Army and Air Force, Joint Force Headquarters Louisiana, Office of the Adjutant General, New Orleans, Louisiana, Orders 139-016, dated 19 May 2005, Request for Federal Recognition Board Action: [Applicant's Name and Social Security Number]; National Guard Bureau, Federal Recognition Orders Number 95 AR, dated 21 May 2005 and 
9 March 2006, respectively, April 2007, Departments of the Army and Air Force, Joint Force Headquarters Louisiana, Office of the Adjutant General, Pineville, Louisiana, Orders 089-1158, dated 30 March 2006, Departments of the Army and the Air Force, National Guard Bureau, Washington, D.C., Special Orders Number 178 AR, dated 17 July 2006, and a copy of a DA Form 1059 (Service School Academic Evaluation Report), dated 20 May 2005.

CONSIDERATION OF EVIDENCE:

1.  On 19 May 2005, a Federal Recognition Board was held by the Louisiana Army National Guard (LAARNG) 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.

2.  The Departments of the Army and Air Force, Joint Force Headquarters, Louisiana, Office of the Adjutant General, New Orleans, Louisiana, published Orders Number 139-016, dated 19 May 2005, appointing the applicant as a 2LT effective 21 May 2005.  On 21 May 2005, the applicant executed an Oath of Office accepting appointment as a 2LT in the LAARNG and was granted temporary Federal Recognition.

3.  The applicant's military service records contain a Certificate of Training which shows the applicant successfully completed Phase II of the Interservice Physician Assistance (PA) Program 20 May 2005.
4.  The applicant's records contain a copy of NGB Form 62-E (Application for Federal Recognition as an Army National Guard (ARNG) Officer or Warrant Officer and Appointment as a Reserve Commissioned Officer or Warrant Officer of the Army in the Army National Guard of the United States), dated 21 May 2005. This document shows, in pertinent part, that the applicant applied for Federal Recognition as a second lieutenant in the LAARNG on 21 May 2005.  This document also shows that the Senior Army Advisor advised The Adjutant General of the State of Louisiana that the examination of the applicant was completed on 19 May 2005.  This document further shows that The Adjutant General of the State of Louisiana requested the Chief, NGB, Washington, DC, extend Federal Recognition to the applicant, effective 21 May 2005.

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 13 March 2006, a second Federal Recognition Board was held by the LAARNG to determine if the applicant was qualified to be awarded Federal Recognition.  The proceedings indicated the applicant was satisfactory in his physical qualifications, moral character, and general qualifications.

7.  Departments of the Army and Air Force, Joint Force Headquarters Louisiana, Office of the Adjutant General, Pineville, Louisiana, published Orders Number 089-1158 dated 30 March 2006, appointing the applicant a second lieutenant in the LAARNG effective 14 March 2006.  On the same date, the applicant executed a second Oath of Office as a second lieutenant in the LAARNG.

8.  National Guard Bureau Federal Recognition Orders Number 178 AR, dated 
17 July 2006, awarded the applicant permanent Federal Recognition for initial appointment in the grade of second lieutenant, effective 14 March 2006.

9.  In connection with the processing of this case, an advisory opinion was obtained from the Chief, Personnel Division, National Guard Bureau, Arlington, Virginia, which recommended that the applicant's initial Federal recognition appointment date be adjusted to 21 May 2005 with a DOR of 14 March 2005 due to Professional Constructive Credit received.  The NGB advisory opinion also recommended that the applicant be promoted to 1LT effective 14 March 2006 and received all back pay and allowances as a result of this correction. 

10.  On 6 September 2007, the applicant was provided a copy of the Chief, Personnel Division, National Guard Bureau, advisory opinion in order to have the opportunity to reply to its contents.  To date, a response has not been received from the applicant.

11.  National Guard Regulation (NGR) 600-100 (Commissioned Officer - Federal Recognition and Related Personnel Actions) provides procedures for processing all applications for Federal Recognition.  Paragraph 2-1 of this NGR 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 of this NGR states that temporary Federal Recognition upon 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 6 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.

15.  Army Regulation 135-155, prescribes the policies and procedures for promotion of Reserve and Army Nation Guard officers.  This regulation specifies that a qualified second lieutenant will not be promoted on or before the date of completion of 2 years of promotion service and must meet the educational requirement, completion of OBC.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was granted temporary Federal Recognition effective 21 May 2005, upon his initial appointment in the LAARNG as a second lieutenant.  At that time, his Federal Recognition packet and allied documents were forwarded to The Adjutant General of the State of Louisiana for endorsement to the National Guard Bureau for extension of permanent Federal Recognition.  However, through no fault of the applicant, the Federal Recognition packet was either lost or misplaced, as it was not acted upon by the National Guard Bureau.

2.  Subsequently, the applicant's Federal Recognition packet was considered by another LAARNG Federal Recognition Board.  Based on the recommendations of the second LAARNG Federal Recognition Board, the National Guard Bureau issued orders awarding the applicant permanent Federal Recognition, effective
14 March 2006.

3.  Based on the foregoing, it is clear that an administrative error denied the applicant Federal Recognition, effective 21 May 2005.  Therefore, based on applicable law and regulation, the applicant is entitled to have Federal Recognition Order Number 089 -1158, dated 30 March 2006, amended to show the effective date of his permanent Federal Recognition as 21 May 2005 with a date of rank as a second lieutenant as 14 March 2005.  

4.  Through no fault of the applicant, the applicant’s initial appointment and permanent Federal Recognition applicant was not processed in a timely manner. The applicant completed the PA Course in May 2005 and was eligible for promotion to the rank of 1LT in May 2007.  He was not given permanent Federal Recognition as a 2LT until 14 March 2006.  Therefore, the applicant’s promotion to 1LT was delayed and he should not be penalized for these actions.  In addition, the applicant is entitled to a review of his pay account to determine any adjustment of pay and allowances that may be due the applicant as a result of this correction.

BOARD VOTE:

__J_____  __RCH___  ___HOF_  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 089-1158, dated 30 March 2006, to show that he was extended Federal Recognition in the grade of second lieutenant, effective 21 May 2005 with a DOR of 14 March 2005 and by showing 
that the applicant was promoted to first lieutenant, effective 14 March 2007, with entitlement to all back pay and allowances.




_____Hubert O. Fry____________
          CHAIRPERSON






INDEX

CASE ID
AR20070003128
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080117
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
102.0700
2.

3.

4.

5.

6.