RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 December 2007
	DOCKET NUMBER:  AR20070007181 


	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. Loretta D. Gulley

Analyst


The following members, a quorum, were present:


Mr. John N. Slone

Chairperson

Ms. Marla J. N. Troup

Member

Mr. Thomas M. Ray

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 Federal Recognition into the Iowa Army National Guard (IAARNG) as a captain (CPT) be corrected to read 13 July 2006.

2.  The applicant states, in effect, that due to an administrative delay, he was not granted permanent Federal Recognition as a CPT within 6 months of receiving temporary Federal Recognition and the effective date is invalid. 

3.  The applicant provides a copy of his initial appointment packet in support of his application. 

CONSIDERATION OF EVIDENCE:

1.  On 13 July 2006, a Federal Recognition Board was held by the IAARNG 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.  On 13 July 2006, the applicant executed an Oaths of Office granting him temporary Federal Recognition in the grade of CPT in the IAARNG.

3.  On 18 July 2006, Orders Number 199-409, Headquarters Iowa National Guard, Office of the Adjutant General, Johnston, Iowa, were published to show the applicant was appointed as a CPT in the IAARNG, effective 13 July 2006.

4.  On 11 December 2006, the applicant submitted a NGB Form 62-E to the IAARNG requesting Federal Recognition as a CPT.  On the same date, he executed an Oaths of Office granting him temporary Federal Recognition in the IAARNG in the grade of CPT.

5.  National Guard Bureau, Special Orders Number 30 AR, dated 8 February 2007, reappointed the applicant from the rank of CW2 to the rank of CPT in the IAARNG, effective 11 December 2006.

6.  In connection with the processing of this case, an advisory opinion was obtained from the Chief, Personnel Division, Departments of the Army and the Air Force, National Guard Bureau, Arlington, Virginia.  This official recommends approval of the applicant’s request to adjust his initial Federal Recognition as a CPT to read effective 13 July 2006.  The advisory opinion states that the applicant alleges that due to an administrative delay, he was not granted permanent Federal Recognition as a CPT within the required 6 months of receiving temporary Federal Recognition and that the current effective date is incorrect.  The NGB Form 62 was approved for the applicant to be initially appointed in the IAARNG as a CPT in the Aviation Branch effective 13 July 2006. The applicant signed an Oaths of Office on the same dated and State Order Number 199-204 was published for appointment in the ARNG as a CPT effective 13 July 2006.  

7.  The advisory opinion continues that another NGB From 62-E was approved for the applicant to be appointed as a CPT in the Aviation Branch effective 
11 December 2006.  He signed an Oaths of Office on the same date and State Order Number 345-401 was published separating him from the Warrant Officer Corps effective 10 December 2006.  State Order Number 345-402 was published for appointment as a CPT effective 11 December 2006.  Federal Recognition Special Order Number 30 AR was published for reappointment from CW2 to CPT effective 11 December 2006.

8.  The advisory opinion concludes that National Guard Regulation 600-100, chapter 10, 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 subscribes 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 (TAG).  When the member is favorably recommended, TAG will endorse the packet to the NGB.  If the member meets the qualifications and requirements for Federal Recognition, the Chief, National Guard Bureau extends permanent Federal Recognition to the member in the grade and branch in which the applicant is qualified.  

9.  On 16 August 2007, the applicant was provided a copy of the advisory opinion in order to have the opportunity to respond to its contents.  The applicant did not respond.

10.  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. 

11.  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.

12.  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.  The evidence of record shows that the applicant was granted temporary Federal Recognition effective 13 July 2006 upon his initial appointment in the IAARNG as a captain.  However, through no fault of the applicant, the initial date of his permanent Federal Recognition was moved to 11 December 2006.

2.  Subsequently, the applicant's Federal Recognition packet was considered by another IAARNG Federal Recognition board.  Based on the recommendations of the second IAARNG Federal Recognition board, the National Guard Bureau issued orders awarding the applicant permanent Federal Recognition, effective
11 December 2006.

3.  Based on the foregoing, it is clear that an administrative error denied the applicant Federal Recognition, effective 13 July 2006.  Therefore, based on applicable law and regulation, the applicant is entitled to have Federal Recognition order number 30 AR, dated 8 February 2007, amended to show the effective date of his permanent Federal Recognition in the grade of captain is 
13 July 2006. 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 to the applicant as a result of this correction.
BOARD VOTE:

__JNS __  __MJNT _  __TMR _  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 30 AR, dated 8 February 2007, to show that he was extended Federal Recognition in the rank of CPT, effective 
13 July 2006.

2.  The Board further recommends that based on the above correction the applicant be paid all back pay and allowances he may be entitled to receive.




_____John N. Slone______
          CHAIRPERSON




INDEX

CASE ID
AR20070007181
SUFFIX

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

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.

2.

3.

4.

5.

6.