RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 January 2008
	DOCKET NUMBER:  AR20070005496 


	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. Dean L. Turnbull

Analyst


The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. Jerome L. Pionk

Member

Mr. Donald W. Steenfott

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 Bureau (NGB) Special Orders 303 dated 30 November 2006, be amended to show he was initially granted Federal Recognition effective 19 May 2005 in the rank of captain instead of 14 July 2006.

2.  The applicant states, in effect, that due to no fault of his own his initial appointment packet was lost from May 2005.  As a result, he was re-boarded in the Spring of 2006 and was appointed to the rank of captain effective 14 July  
2006 in the State of Montana.  His initial appointment date should be effective  
19 May 2005.

3.  The applicant provides a copy of an Information Paper from the State of MTARNG, and his initial appointment packet with appointment orders. 

CONSIDERATION OF EVIDENCE:

1.  On 19 May 2005, a Federal Recognition Board was held by the MTARNG 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, general qualifications, and he was professionally qualified.

2.  On 1 June 2005, the Joint Forces Headquarters-Montana, Office of the Adjutant General, issued Order Number 152-010 for appointment of the applicant as a captain effective 19 May 2005.

3.  The applicant accepted an appointment as a captain in the MTARNG and he executed an Oath of Office as a Reserve Commissioned Officer in the MTARNG and was granted temporary Federal Recognition on 19 May 2005.  

4.  The applicant's records show that he did not receive permanent Federal Recognition as a captain from the NGB within the six months period required by National Guard Bureau/Army regulations.  As a result, his temporary Federal Recognition expired.

5.  According to the Information Paper submitted by the applicant, his Federal Recognition packet was forwarded to NGB within six months after the Oath of Office was administered and acceptance of his commissioning.  However, due to no fault of his own, the orders were never processed and his appointment packet was held for over one year with no action taken.  “In the spring of 2006, it was noticed that the applicant's appointment packet was no longer listed on the Guard Knowledge Online website, the Federal Recognition Branch at NGB was contacted.”  The Federal Recognition Branch stated that there was no record of the applicant's appointment packet.  His packet was then resubmitted.

6.  On 14 July 2006, a second Federal Recognition Board was held by the MTARNG 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, general qualifications, and he was professionally qualified.  The applicant was granted initial appointment effective 14 July 2006.

7.  On 14 July 2006, the applicant executed a second Oath of Office as a captain in the MTARNG and was granted temporary Federal Recognition.

8.  NGB Special Orders Number 303 AR, dated 30 November 2006, awarded the extension of Federal Recognition for initial appointment in the Army National Guard in the rank of captain, effective 14 July 2006.

9.  In the processing of this case, an advisory opinion was obtained from the NGB.  The NGB recommends approval of the applicant's request to adjust his initial appointment date to 19 May 2005 based on the first approved State proceedings of the applicant's Federal Recognition examining board which was held on 19 May 2005.  It was stated that the applicant took the Oath of Office and signed it on the same day, 19 May 2005.

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 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 an 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.  The applicant's records show that he was granted temporary Federal Recognition effective 19 May 2005 upon his initial appointment in the MTARNG as a captain.  Evidently, his Federal Recognition packet was lost which required that he be considered by a second MTARNG Federal Recognition Board.  The loss of his Federal Recognition Packet resulted in the delay of his Federal Recognition as a captain until 14 July 2006.

2.  In view of the forgoing, it is clear that the applicant should not be held responsible for the loss of his initial Federal Recognition packet.

3.  Based on applicable law and regulatory guidance, and in the interest of equity, the applicant is entitled to have Federal Recognition Order Number  
303 AR dated 30 November 2006 amended to show he was extended initial Federal Recognition in the rank of captain, effective 19 May 2005.

BOARD VOTE:

__JLP__  __WDP__  __DWS___  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 by amending Federal Recognition Order Number 303 AR dated 30 November  
2006 to show that he was extended Federal Recognition effective 19 May  
2005 in the rank of captain.

2.  Additionally, Defense Finance and Accounting Office should audit the applicant's pay records and provide the applicant all pay and allowances due him based on the above corrections.




____William D. Powers_____
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON

DATE BOARDED
20080110
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.