RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  31 January 2008
	DOCKET NUMBER:  AR20070008511 


	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. Rial D. Coleman

Analyst


The following members, a quorum, were present:


Mr. John Infante

Chairperson

Mr. Eric N. Andersen 

Member

Mr. David K. Haasenritter 

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 that his effective date of permanent Federal Recognition be adjusted to 8 July 2005 to correspond with his date of rank as a first lieutenant.

2.  The applicant states that due to an administrative error, he did not receive permanent Federal Recognition when he was initially appointed a Medical Service Corps Officer.

3.  The applicant provides a DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)), NGB Form 337 (Oaths of Office), NGB Form 0122E (Department of the Army and Air Force National Guard Bureau Federal Recognition Order), NGB Form 89 (Proceedings of a Federal Recognition Examining Board), State Appointment Orders, and a letter announcing Selection Board results in support of this application.

CONSIDERATION OF EVIDENCE:

1.  On 25 August 2002, the applicant was commissioned as a second lieutenant in the Transportation Corps.

2.  On 25 August 2002, the applicant executed an Oaths of Office as a second lieutenant in the Transportation Corps of the Louisiana Army National Guard (LAARNG) and was granted temporary Federal Recognition.

3.  National Guard Bureau Special Orders Number 289 AR, dated 18 October 2002, awarded the applicant permanent Federal Recognition for initial appointment in the grade of second lieutenant in the Transportation Corps, effective 25 August 2002.

4.  United States Army Recruiting Command (USAREC) memorandum, dated 
29 April 2004, shows the applicant was accepted as a Medical Service Corps officer.

5.  On 30 April 2004, a Federal Recognition Board was held by the 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.  


6.  The applicant's records contain a DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)), dated 3 May 2004, which shows that the applicant was awarded 10 months and 1 day of constructive credit for previous service as a second lieutenant.

7.  The applicant executed an Oaths of Office as a second lieutenant in the Medical Service Corps on 12 May 2004.

8.  Joint Force Headquarters-Louisiana, Office of the Adjutant General, Jackson Barracks, New Orleans, Louisiana Orders 141-054, dated 20 May 2004, appointed the applicant as a second lieutenant in the Medical Service Corps effective 12 May 2004.

9.  There is no evidence that the applicant received permanent Federal Recognition as a second lieutenant from the National Guard Bureau within the six month period required by National Guard/Army regulations.  As a result his temporary Federal Recognition expired.

10.  On 17 January 2007, another Federal Recognition Board was held by the LAARNG to determine if the applicant was qualified to be awarded Federal Recognition.  Once again, the proceedings indicated that the applicant was satisfactory in his physical qualifications, moral character, and general qualifications.

11.  On 18 January 2007, the applicant executed a second Oaths of Office as a second lieutenant in the Medical Service Corps of the LAARNG and was granted temporary Federal Recognition.

12.  The applicant's records contain a DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)), dated 25 January 2007, which shows that the applicant was awarded 3 years, 6 months, and 16 days of constructive credit for previous service toward qualification for the grade of first lieutenant.  Item 32 (Credit in Excess of that Required for Grade) shows 1 year, 
6 months, and 10 days.  Item 35 (Date of Rank) shows 8 July 2005.

13.  Joint Force Headquarters-Louisiana, Office of the Adjutant General, Jackson Barracks, New Orleans, Louisiana Orders 025-1207, dated 25 January 2007, appointed the applicant as a first lieutenant in the Medical Service Corps with a date of rank of 8 July 2005, effective 18 January 2007.


14.  National Guard Bureau Special Orders Number 68 AR, dated 23 March 2007, awarded the applicant permanent Federal Recognition for initial appointment upon transfer from the Transportation Corps to the Medical Service Corps in the grade of first lieutenant, with a date of rank of 8 July 2005, effective 18 January 2007.

15.  The Chief, Personnel Division of the National Guard Bureau provided an advisory opinion for review.  The Chief, Personnel Division recommended that the applicant's initial appointment date be amended based on administrative errors and numerous delays in the processing of his permanent Federal Recognition.  The factors that contributed to this recommendation are as follows:

	a.  Due to an administrative error, LAARNG failed to submit his Federal Recognition to the National Guard Bureau until January 2007.

	b.  Although the applicant was awarded constructive credit based on his commissioned service time as a Transportation Corps officer and for the time he was assigned and performed as a Medical Service Corps officer, the delay in Federal Recognition resulted in his promotion to the grade of first lieutenant, with a date of rank of 8 July 2005 and effective date of 18 January 2007.

	c.  LAARNG should have conducted a temporary Federal Recognition Board prior to the applicant being boarded by USAREC.  This would have resulted in the applicant being accessed on 29 April 2004 as a second lieutenant with a date of rank of 21 April 2003.

	d.  Constructive Credit of 7 months and 23 days for the period of 
25 August 2002 to 12 December 2003 was based on his initial appointment date as a Transportation Corps officer up to the date he completed his Bachelors Degree and was assigned to a Medical Corps position.

	e.  Department of Defense Instruction 6000.13 authorized Constructive Credit for his prior commissioned service time at the rate of 1/2 credit for each day served.  Constructive Credit of 4 months and 20 days for the period of 
13 December 2003 to 29 April 2004 should have been awarded based on each day the applicant served in a Medical Service Corps officer position.

	f.  With a reappointment to the Medical Service Corps as a second lieutenant and a date of rank of 21 April 2003, the applicant would have been immediately eligible for promotion to first lieutenant effective 8 July 2005.


16.  The Chief, Personnel Division of the National Guard Bureau further opined that the applicant's failure to complete the 6A-F5 Principles of Preventative Medicine has prohibited him from promotion beyond first lieutenant.

17.  The applicant was provided a copy of the National Guard Bureau opinion for review and comment.  The applicant has not provided written rebuttal comments within the specified time frame.

18.  NGR 600-100 provides procedures for processing all applications for Federal Recognition.  Paragraph 2-1 states that commissioned officers of the Army National Guard 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, National Guard Bureau 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.  

19.  NGR 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.  

20.  NGR 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.






DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his permanent Federal Recognition effective date should be adjusted from 18 January 2007 to 8 July 2005 to correspond with his date of rank as a first lieutenant in order to correct an administrative error, was carefully considered and determined to be with merit.

2.  Records show that the applicant was serving as a member of the LAARNG as a Medical Service Corps officer on 8 July 2005.  At that time, he should have been Federally Recognized as a first lieutenant in the Medical Service Corps with an effective date of 8 July 2005.

3.  National Guard Bureau Special Orders Number 68 AR, dated 23 March 2007, shows the applicant was awarded permanent Federal Recognition for initial appointment upon transfer from the Transportation Corps to the Medical Service Corps in the grade of first lieutenant, with a date of rank of 8 July 2005, effective 18 January 2007.

4.  Based on the foregoing, it is clear that the failure of the LAARNG to submit the applicant's Federal Recognition packet in a timely manner, resulted in him being erroneously denied the effective date of 8 July 2005 for initial appointment upon transferring to the Medical Service Corps.

5.  Based on applicable laws and regulations, the applicant is entitled to have Federal Recognition Order Number 68 AR amended to show the effective date of permanent Federal Recognition in the grade of first lieutenant in the Medical Service Corps as 8 July 2005.  Furthermore, the applicant should be paid all back pay and allowances due as a result of this action.

BOARD VOTE:

__DKH___  _JI____  _ENA_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends all Department of the Army records of the individual concerned be corrected by amending National Guard Bureau Special Orders Number 68 AR, dated 23 March 2007, to show he was extended Federal Recognition effective 8 July 2005.

2.  The Board further recommends the applicant be paid all back pay and allowances due as a result of this action.




_John Infante___
          CHAIRPERSON




INDEX

CASE ID
AR
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

ISSUES         1.

2.

3.

4.

5.

6.