RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 February 2008
	DOCKET NUMBER:  AR20070010075 


	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. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Mr. Patrick H. McGann, Jr.

Chairperson

Ms. Eloise C. Prendergast

Member

Mr. Michael J. Flynn

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 her date of rank on her National Guard Federal Recognition order (initial appointment) in the grade of second lieutenant be adjusted from 27 January 2007 to 21 June 2006.

2.  The applicant states, in effect, that she was appointed in the Wyoming Army National Guard (WYARNG) on 21 June 2006 and that her temporary Federal Recognition expired after 6 months due to an administrative error.

3.  The applicant provided a copy of her initial appointment packet, as follows, in support of her request:

a.  National Guard Bureau (NGB) Form 62-E (Application for Federal Recognition as an Army National Guard Officer or Warrant Officer and Appointment as a Reserve Commissioned Officer or Warrant Officer of the Army in the Army National Guard of the United States), dated 31 January 2006.

b.  Memorandum, dated 3 May 2006, Results of the April 2006 Medical Service Corps Accession Board Selection Board for the U.S. Army National Guard. 

c.  DA Form 5074-1 (Record of Award of Entry Grade Credit-Health Services Officer), dated 9 May 2005. 

d.  DA Form 2808 (Report of Medical Examination), dated 24 May 2005.

	e.  National Guard Bureau (NGB) Form 89 (Proceedings of a Federal Recognitions Examining Board), dated 21 June 2006.

	f.  Applicant's Oath of Office, dated 21 June 2006.

	g.  Orders 177-053, dated 26 June 2006, appointing her in the Army National Guard.

	h.  NGB Form 89 (Proceedings of a Federal Recognitions Examining Board), dated 27 July 2006.

	i.  National Guard Bureau (NGB) Federal Recognition Orders Number 129 AR, dated 1 June 2007, initial appointment.


CONSIDERATION OF EVIDENCE:

1.  With prior enlisted service in the Regular Army, the applicant submitted an application for Federal recognition as a second lieutenant (2LT)/O-1 in the WYARNG on 31 January 2006.

2.  Records show that on 3 May 2006, the Director of Health Services sent a memorandum to the Medical Recruiting Battalions stating that the applicant was selected by the 25-27 April 2006 Selection Board in the Medical Service Corps.

3.  On 21 June 2006, a Federal Recognition Board was held by the WYARNG to determine if the applicant was qualified to be awarded Federal recognition.  The proceedings indicated that the applicant was satisfactory in her physical qualifications, moral character and general qualifications.  

4.  The applicant accepted an appointment as a 2LT/O-1 in the WYARNG on 21 June 2006, executed an Oath of Office in the WYARNG on the same date, and was granted temporary Federal recognition.

5.  State of Wyoming, Adjutant General’s Office, Cheyenne, Wyoming, Order 177-053, dated 26 June 2006 shows that the applicant was appointed in the Army National Guard on 21 June 2006.

6.  There is no evidence that the applicant received permanent Federal recognition as a 2NLT/O-1 from the National Guard Bureau within the six month period required by National Guard/Army regulations.  As a result her temporary Federal recognition expired.

7.  On 27 January 2007, the applicant resubmitted her NGB Form 62-E, application for Federal recognition and a second Federal Recognition Board was held by the WYARNG to determine if the applicant was qualified to be awarded Federal Recognition.  The proceedings indicated that the applicant was satisfactory in her physical qualifications, moral character and general qualifications.  She executed a second oath of office on the same day.

8.  National Guard Bureau Federal Recognition Orders Number 129 AR, dated 1 June 2007, awarded the applicant permanent Federal recognition for initial appointment to the grade of 2LT/O-1, effective 27 January 2007.




9.  On 13 April 2007, the applicant completed the AMEDD Officer Basic Course.

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 of this regulation states, in pertinent part, 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.  

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 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.  Records show that the applicant was granted temporary Federal recognition effective 21 June 2006 upon her initial appointment in the WYARNG as a     2LT/O-1.  At that time, her complete Federal Recognition packet and allied documents should have been forwarded to the Adjutant General of the State of Wyoming for endorsement to the National Guard Bureau for extension of permanent Federal Recognition.  Through no fault of the applicant, this action was not taken.

2.  Subsequently, the applicant's Federal Recognition packet was considered by another WYARNG Federal Recognition Board.  Based on the recommendations of the second WYARNG Federal Recognition Board, the National Guard Bureau issued orders awarding the applicant permanent Federal Recognition effective 
27 January 2007.  This administrative error denied the applicant Federal Recognition effective 21 June 2006.  

3.  Based on applicable law and regulation, the applicant is entitled to have Federal Recognition Order Number 129 AR, dated 1 June 2007, amended to show the effective date of permanent Federal Recognition in the grade of    2LT/O-1 is 21 June 2006.

BOARD VOTE:

__phm___  __ecp___  __mjf___  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 312 AR, dated 1 June 2007, to show that she was extended Federal Recognition effective 21 June 2006 in the rank/grade of 2LT/O-1.




							Patrick H. McGann, Jr.
______________________
          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.