RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 December 2007
	DOCKET NUMBER:  AR20070007182 


	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. Jeffrey C. Redmann

Chairperson

Mr. John G. Heck

Member

Mr. Qawiy A. Sabree

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 appointment into the Iowa Army National Guard (IAARNG) on 23 May 2001 be changed from captain (CPT) to chief warrant officer two (CW2).

2.  The applicant states, in effect, that due to an administrative delay, he was not granted permanent Federal Recognition as a CW2 within 6 months of receiving temporary state recognition. 

3  The applicant provides a copy of National Guard Bureau Federal Recognition Orders Number 319 AR, dated 18 December 2006; Appointment Orders Number 341-404, dated 7 December 2006; DD Form 368 (Request for Conditional Release), dated 23 May 2001; copies of NGB Form 62-E (Application for Federal Recognition as an Army National Guard Officer or Chief warrant officer and Appointment as a Reserve Commissioned Officer or Chief warrant officer of the Army in the Army National Guard); a copy of Orders Number 104-425, dated 
25 May 2001; a copy of Orders Number 200-405, dated 19 July 2006; a copy of Special Orders Number 284 AR, dated 7 November 2006; a copy of Special Orders Number 311 AR, dated 18 December 2006, and copies of his Oaths of Office.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was appointed a second lieutenant (2LT), in the United States Army Reserve (USAR), effective 16 May 1987.  He completed the Officer Basic Course on 3 March 1989.  

2.  On 21 February 2001 the applicant requested a conditional release from the USAR contingent upon his appointment in the Iowa Army National Guard (IAARNG).

3.  On 1 May 2001, the applicant submitted a NGB Form 62-E to the IAARNG requesting Federal Recognition as a CW2.  On the same date, he submitted a NGB Form 62-E to the IAARNG requesting Federal Recognition as a captain (CPT).

4.  On 23 May 2001, the applicant signed an Oaths of Office granting him temporary Federal Recognition in the IAARNG in the rank of CPT.

5.  On 25 May 2001, Orders Number 104-425, Headquarters Iowa National Guard, Office of the Adjutant General, Johnston, Iowa, was published to show the applicant was appointed as a CW2 in the IAARNG, effective 23 May 2001.  

6.  On 25 May 2001, a corrected copy of Orders Number 104-425, was published to show the applicant was appointed as a CPT in the IAARNG, effective
23 May 2001.  

7.  On 24 April 2006, the applicant submitted a NGB Form 62-E to the IAARNG requesting Federal Recognition as a CPT.

8.  On 13 July 2006, the applicant signed an Oaths of Office granting him temporary Federal Recognition in the grade of CPT in the IAARNG.

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

10.  On 7 November 2006, the National Guard Bureau published Special Orders Number 284 AR, extending the applicant’s Federal Recognition in the grade of CPT and transferring him to the USAR with an effective date of 23 May 2001.

11.  On 7 December 2006, the applicant submitted a NGB Form 62-E to the IAARNG requesting Federal Recognition as a CW2.

12.  On 7 December 2006, the applicant signed an Oaths of Office granting him temporary Federal Recognition in the grade of CW2 in the IAARNG.

13.  On 11 December 2006, National Guard Bureau, Special Orders Number 311 AR extending the applicant Federal Recognition was revoked.

14.  On 18 December 2006, National Guard Bureau, Special Orders Number 319 AR, transferred the applicant from the USAR to the IAARNG and reappointed him from the grade of CPT to the grade of CW2 with an effective date of
7 December 2006.

15.  In the processing of this case, an advisory opinion was obtained from the Chief, Personnel Division, National Guard Bureau, Arlington, Virginia.  
The advisory opinion confirmed that the applicant requested a conditional release from the USAR contingent upon his appointment into the IAARNG on 
21 February 2001.  The NGB Form 62 was approved for the applicant’s initial appointment in the IAARNG as a CPT in the Aviation Branch on 23 May 2001.  He signed an Oaths of Office on the same date and State Order Number 
104-425 was published for this appointment.  The applicant submitted a statement with this packet stating that an erroneous appointment as a CPT from the USAR effective 23 May 2001 was originally submitted to the NBG.  Federal Recognition Special Order Number 284 AR was published transferring him from the USAR to the IAARNG as a CPT effective 23 May 2001.  Federal Recognition Special Order Number 311 AR was issued revoking his initial appointment.  

16.  The advisory opinion continues that another NGB Form 62-E was approved for the applicant to be appointed as a CW2 in the Aviation Branch effective 
23 May 2001.  No signed Oaths of Office were submitted for appointment in the ARNG effective 23 May 2001.  On 7 December 2006, a third NGB Form 62-E was approved for the applicant’s initial appointment as a CW2 in the Aviation Branch effective 7 December 2006.  The applicant signed an Oaths of Office on the same date and State Order Number 341-404 and Federal Recognition Special Order Number 319 AR were published for initial appointment into the ARNG effective 7 December 2006.

17.  The advisory opinion concludes that National Guard Regulation 600-101 paragraph 2-3 states that temporary Federal Recognition may be extended to a chief warrant officer who has been appointed in the IAARNG and was found to be qualified by a Federal Recognition examining board pending final determination of eligibility and appointment as a chief warrant officer in 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 the 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 examining board should be convened to consider the request again and grant another new period of temporary Federal Recognitions warranted.  Paragraph 2-4b, in pertinent part states, that the effective date of Federal Recognition for original appointment is the date on which the chief warrant officer first executed the Oaths of Office in the State. 

18.  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.




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his Federal Recognition appointment date to  chief warrant officer two should be corrected to show 23 May 2001 because it was delayed through no fault of his own.

2.  Based on applicable law and regulation, the applicant is entitled to have Federal Recognition Order Number 319 AR amended to show the effective date of permanent Federal Recognition in the grade of chief warrant officer two is 
23 May 2001.

3.  In view of the foregoing, and insofar as the Department of the Army is concerned, the applicant’s records should be corrected as recommended below.

BOARD VOTE:

__JCR___  ___JGH_  ___QAS _  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 State of Iowa Army National Guard and Department of the Army records of the individual concerned be corrected by amending Federal Recognition Order Number 319 AR, dated 7 December 2006, to show that he was extended Federal Recognition effective 23 May 2001 in the grade of chief warrant officer two.




____Jeffrey C. Redmann____
          CHAIRPERSON





INDEX

CASE ID
AR20070007182
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/12/13
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.

2.

3.

4.

5.

6.