RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 April 2008
	DOCKET NUMBER:  AR20070008605 


	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

Mrs. Victoria A. Donaldson

Analyst


The following members, a quorum, were present:


Ms. Carmen Duncan

Chairperson

Ms. LaVerne M. Douglas

Member

Mr. Jeffrey C. Redmann

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 Federal Recognition order (initial appointment), dated 26 June 2007, in the grade of second lieutenant be corrected to show the effective date 12 October 2006.  

2.  The applicant states, in effect, that his permanent Federal Recognition as a second lieutenant was delayed due the fact that he did not have an original social security card.

3.  The applicant provides a copy of his initial appointment packet and a social security statement in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant accepted an appointment as a second lieutenant in the Ohio Army National Guard (OHARNG) on 12 October 2006.  

2.  On 12 October 2006, the applicant executed an Oath of Office as a second lieutenant in the OHARNG and was granted temporary Federal Recognition.

3.  The applicant did not receive permanent Federal Recognition as a second lieutenant from the National Guard Bureau within the six month period required by National Guard/Army regulations based on the fact that he did not provide an original social security card with his Federal Recognition packet.  As a result his temporary Federal Recognition expired.

4.  On 1 April 2007, a second Federal Recognition Board was held by the OHARNG 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.  

5.  On 1 April 2007, the applicant executed a second Oath of Office as a second lieutenant in the OHARNG and was granted temporary Federal Recognition.

6.  National Guard Bureau Federal Recognition Orders Number 149 AR, dated 26 June 2007, awarded the applicant permanent Federal Recognition for initial appointment to the grade of second lieutenant, effective 1 April 2007.



7.  The applicant's records contain an undated Social Security Verification Statement authenticated by the Officer Procurement Noncommissioned Officer.  This statement indicated that original prior service records and official college transcripts were used to verify the applicant's social security number.

8.  In the processing of this case, an advisory opinion was obtained from the Chief, Personnel Division, National Guard Bureau.  The opinion recommended that the applicant's requests for adjustment of his date of rank be approved based on the applicant's initial enlistment documents and a copy of his Social Security Card.  This opinion was provided to the applicant for review and rebuttal. On 11 March 2008, the applicant concurred with the opinion and made no additional comments.

9.  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.  

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.

13.  Appendix B of NGR 600-100 lists the documents required by NGB for award of permanent Federal Recognition.  Specifically, item number eleven states that a copy of a social security card or statement is required for award of permanent Federal Recognition.

DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant was granted temporary Federal Recognition effective 12 October 2006 upon his initial appointment in the OHARNG as a second lieutenant.  At that time, his Federal Recognition packet and allied documents should have been forwarded to The Adjutant General of the State of Ohio for endorsement to the National Guard Bureau for extension of permanent Federal Recognition.  An administrative error concerning verification of his social security number occurred and through no fault of the applicant, his permanent Federal Recognition Packet was not forwarded in a timely manner.

2.  The delay was as a result of the applicant not having an original social security card with his permanent Federal Recognition Packet.  However, pertinent regulations provide that a copy of a social security card or statement is required for award of permanent Federal Recognition.  The applicant's records contain a social security statement which indicates that his social security number was validated.

3.  Subsequently, the applicant's Federal Recognition packet was considered by another OHARNG Federal Recognition Board.  

4.  Based on the recommendations of the second OHARNG Federal Recognition Board, the National Guard Bureau issued orders awarding the applicant permanent Federal Recognition effective 1 April 2007.

5.  From the foregoing, it is clear that an administrative error denied the applicant permanent Federal Recognition effective 12 October 2006.  

6.  Based on applicable law and regulation, the applicant is entitled to have Federal Recognition Order Number 149 AR amended to show the effective date of permanent Federal Recognition in the grade of second lieutenant as 12 October 2006.

BOARD VOTE:

_CD_____  _LMD___  _JCR___  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 Department of the Army records of the individual concerned be corrected by amending Federal Recognition Order Number 149 AR, dated 26 June 2007, to show that he was extended Federal Recognition effective 12 October 2006 in the grade of second lieutenant.



__Carmen Duncan
          CHAIRPERSON