RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 October 2007
	DOCKET NUMBER:  AR20070004774 


	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. John Slone

Chairperson

Mr. John T. Meixell

Member

Mr. David W. Tucker

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, correction of his records to adjust his initial date of appointment from 22 February 2007 to 8 January 2005 and to be promoted to 1st Lieutenant (1LT) effective 8 January 2007.

2.  The applicant states in effect, that he was appointed in the Utah Army National Guard (UTARNG) on 8 January 2005 and that his temporary Federal Recognition expired after 6 months due to an administrative error.

3.  The applicant provided the following additional documentary evidence in support of his application: 

	a.  National Guard Bureau (NGB) Form 89 (Proceedings of a Federal Recognitions Examining Board), dated 14 June 2004.

	b.  Applicant's Oath of Office, dated 8 January 2005.

	c.  Orders 10-034, dated 10 January 2005, appointing him in the Army National Guard.

	d.  NGB Form 89, dated 21 November 2006.

	e.  Applicant's Oath of Office, dated 22 February 2007.

	f.  Orders 53-17, dated 22 February 2007, appointing him in the Army National Guard.

	g.  National Guard Bureau (NGB) Federal Recognition Orders Number 73 AR, dated 27 March 2007, initial appointment.

	h.  Officer Candidate School Graduation Diploma.

	i.  DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 25 march 2003.

	j.  National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), dated 7 January 2005.




CONSIDERATION OF EVIDENCE:

1.  On 14 June 2004, a Federal Recognition Board was held by the UTARNG 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 applicant accepted an appointment as a second lieutenant in the INARNG on 8 January 2005, executed an Oath of Office in the UTARNG on the same date, and was granted temporary Federal Recognition.

3.  Joint Forces Headquarters, Utah Army National Guard Orders 010-034, dated 10 January 2005 show that the applicant was appointed in the Army National Guard on 7 January 2005.

4.  The applicant's record does not contain National Guard Bureau Federal Recognition Orders awarding him permanent Federal Recognition for initial appointment to the grade of second lieutenant.

5.  On 21 June 2006, a second Federal Recognition Board was held by the UTARNG 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 22 February 2007, the applicant executed a second Oath of Office as a second lieutenant in the UTARNG.

8.  Joint Forces Headquarters Utah State Orders 053-017, dated 22 February 2007 show that the applicant was appointed in the Army National Guard on 22 February 2007.

9.  National Guard Bureau Federal Recognition Orders Number 73 AR, dated   27 March 2007, awarded the applicant permanent Federal Recognition for initial appointment to the grade of second lieutenant, effective 22 February 2007.

10.  In an advisory opinion, dated 7 September 2007, obtained in the processing of this case, the Chief, Personnel Division, National Guard Bureau, Arlington, Virginia, recommended approval of the applicant's request to adjust his initial appointment to 8 January 2005, to be promoted to 1LT effective 8 January 2007, and to receive all back pay and allowances as a result of his promotion to 1LT.

11.  A copy of the advisory opinion was furnished to the applicant on 11 September 2007.  The applicant concurred with the advisory opinion rendered in his case on 17 September 2007.

12.  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.  

13.  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. 

14.  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.

15.  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.

16.  Paragraph 2-1 of Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) states, in pertinent part, that an officer in the grade of second lieutenant will be considered for promotion without review by a selection board.  The officer's records will be screened to determined eligibility for promotion to the next higher grade far enough in advance to permit promotion on the date the promotion service is completed in compliance with table 2-1 or table 2-3 of this regulation.

17.  Table 2-1 of Army Regulation 135-155 states that the minimum time in grade as a second lieutenant for promotion to first lieutenant is 2 years.  Additionally, Table 2-2 of Army Regulation 135-155 states, in pertinent part, that second lieutenants must complete a resident officer basic course to be eligible for promotion to first lieutenant.

DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant was granted temporary Federal Recognition effective 8 January 2005 upon his initial appointment in the UTARNG as a second lieutenant.  At that time, his complete Federal Recognition packet and allied documents should have been forwarded to The Adjutant General of the State of Utah 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 UTARNG Federal Recognition Board.  Based on the recommendations of the second Board, the National Guard Bureau issued orders awarding the applicant permanent Federal Recognition effective 22 February 2007.  This administrative error denied the applicant both Federal Recognition effective 8 January 2005 and promotion to 1LT on 8 January 2007.  

3.  Based on applicable law and regulation, the applicant is entitled to have Federal Recognition Order Number 73 AR, dated 27 March 2007, amended to show the effective date of permanent Federal Recognition in the grade of second lieutenant is 8 January 2005.


4.  From the foregoing, it is clear that an administrative error denied the applicant permanent Federal Recognition effective 8 January 2005.  Had the applicant's Federal Recognition date been correct, the applicant would have been promoted to first lieutenant effective 8 January 2007.  Therefore, the applicant is entitled to have a new Federal Recognition Order promoting him to first lieutenant effective 8 January 2007 and to receive back pay and allowances as a result of his promotion to 1LT

BOARD VOTE:

___js___  __jtm___  __dwt___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 amending Federal Recognition Order Number 73 AR, dated 27 March 2007 to show that he was extended Federal Recognition effective 8 January 2005 in the grade of second lieutenant

2.  The Board further recommends that the applicant be promoted to the grade of first lieutenant with an effective date of rank 8 January 2007 and receive back pay and allowances as a result of his promotion to 1LT.



							John Slone
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070004774
SUFFIX

RECON

DATE BOARDED
20071018
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
125.0200
2.

3.

4.

5.

6.