RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 March 2008
	DOCKET NUMBER:  AR20070011222 


	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. Deyon D. Battle

Analyst


The following members, a quorum, were present:


Mr. Mark D. Manning

Chairperson

Mr. Jeffrey C. Redmann

Member

Mr. Rowland C. Heflin

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 National Guard Federal Recognition Order (initial appointment), dated 23 February 2007, in the grade of second lieutenant (O-1) be corrected to show the Federal Recognition effective date of 19 August 2006.

2.  The applicant states that upon commissioning, her temporary Federal Recognition was valid from 19 August 2006 through 19 February 2007.  She states that the Federal Recognition section at the National Guard Bureau had not reviewed her packet by the expiration date; therefore, she had to submit a new Oaths of Office for a subsequent temporary Federal Recognition 6-month period. She states that the State Office of Personnel Management resubmitted her paperwork with a new appointment order and the date on the new Oath of Office was used for her initial appointment date instead of her commissioning date and original appointment order.

3.  The applicant provides in support of her application, a copy of orders number 248-639, dated 5 September 2006, discharging her from the Army National Guard; a copy of her Report of Separation and Record of Service (NGB Form 22); a copy of her application for Federal Recognition, dated 14 August 2006; a copy of her Oaths of Office, dated 19 August 2006; a copy orders number 
248-641, dated 5 September 2006, appointing her as a second lieutenant in the Army National Guard; a copy of her Oaths of Office, dated 23 February 2007; and a copy of the Proceeding of a Federal Recognition Examining Board.

CONSIDERATION OF EVIDENCE:

1.  After completing 3 years, 6 months and 7 days of prior Reserve component service, the applicant enlisted in the Arizona Army National Guard (AZARNG) on 8 December 2005 and served until she was discharged from the AZARNG 18 August 2006, to accept an appointment as a commissioned officer.

2.  Records show that the applicant completed an NGB Form 62-E (Application for Federal Recognition as an Army National Guard Officer or Warrant Officer) on 14 August 2006.  That application was approved by the Adjutant General of the state of Arizona.

3.  The applicant was appointed to the rank of second lieutenant in the AZARNG effective 19 August 2006 by AZARNG Orders number 248-641, dated 5 September 2006.

4.  On 19 August 2006, the applicant executed an Oath of Office as a second lieutenant in the AZARNG and was granted temporary Federal Recognition.  In accordance with National Guard Regulation 600-100 (Commissioned 
Officer-Federal Recognition and Related Personnel Actions) temporary Federal Recognition automatically terminates after 6 months if permanent Federal Recognition is not granted.

5.  There is no evidence that the applicant received permanent Federal Recognition as a second lieutenant from the National Guard Bureau within the 
6-month period required by National Guard/Army Regulations.  As a result her temporary Federal Recognition expired.

6.  On 23 February 2007, the applicant executed a second Oath of Office as a second lieutenant in the AZARNG.

7.  On 10 May 2007, Orders Number 130-615 was published amending AZARNG Orders number 248-641, dated 5 September 2006, to change her appointment effective date from 19 August 2006 to 23 February 2007.

8.  National Guard Bureau Special Orders Number 115 AR dated 14 May 2007, awarded the applicant permanent Federal Recognition for initial appointment to the grade of second lieutenant effective 23 February 2007.

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.

DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant was granted temporary Federal Recognition effective 19 August 2006 upon her initial appointment in the AZARNG as a second lieutenant.  At that time, her Federal Recognition packet and allied documents should have been forwarded to the Adjutant General of the state of Arizona 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.  The applicant took her second Oaths of Office on 23 February 2007 and the National Guard Bureau issued orders awarding the applicant permanent Federal Recognition effective 23 February 2007, which was not the date that she took her initial Oaths of Office.

3.  From the foregoing conclusions, it is clear that an administrative error denied the applicant Federal Recognition effective 19 August 2006.  

4.  Based on applicable law and regulation, the applicant is entitled to have National Guard Bureau Special Orders Number 115 AR dated 14 May 2007 amended to show that the effective date of her permanent Federal Recognition in the grade of second lieutenant was 19 August 2006, and Orders Number 
130-615 amending AZARNG Orders number 248-641, dated 5 September 2006, to change her appointment effective date from 19 August 2006 to 23 February 2007 should be voided.

BOARD VOTE:

__MDM__  __JCR__  __RCH__  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 Arizona Army National Guard and Department of the Army records of the individual concerned be corrected by amending National Guard Bureau Special Orders Number 115 AR dated 14 May 2007 to show the effective date of her permanent Federal Recognition in the grade of second lieutenant was 19 August 2006, and voiding Orders Number 130-615, dated 10 May 2007.





___Mark D. Manning__
      CHAIRPERSON




INDEX

CASE ID
AR20070011222
SUFFIX

RECON

DATE BOARDED
20080313
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
125.0200.0000
2.

3.

4.

5.

6.