RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  30 October 2007
	DOCKET NUMBER:  AR20070011817 


	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. Nancy L. Amos

Analyst


The following members, a quorum, were present:


Ms. Carmen Duncan

Chairperson

Mr. Chester A. Damian

Member

Mr. Ronald D. Gant

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 appointment date in the Colorado Army National Guard (COARNG) be corrected to 27 March 2004 or 21 July 2004 and that his date of promotion to first lieutenant (1LT) be corrected.

2.  The applicant states the COARNG failed to properly process his application for appointment.  He was finally boarded on 21 July 2004; however, Federal Recognition was never granted.  The error was not discovered until he was recommended for promotion to 1LT, and his promotion packet was returned because it was determined he had never received Federal Recognition as a second lieutenant (2LT).

3.  The applicant provides Federal Recognition orders, dated 27 June 2007; three sets of appointment orders, dated 22 May 2007, dated 13 December 2006 and dated 15 September 2004; 1LT promotion orders, dated 12 July 2006; two National Guard Bureau (NGB) Forms 337 (Oaths of Office), one dated 21 July 2004 and one dated 24 October 2006; a DA Form 71 (Oath of Office – Military Personnel), dated 27 March 2004; two NGB Forms 89 (Proceedings of a Federal Recognition Examining Board), one dated 21 July 2004 and one dated              24 October 2006; two NGB Forms 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), one dated 21 July 2004 and one (page 4 of the 4-page document only) dated 13 December 2006.

4.  The applicant also provides an Officer Candidate School (OCS) diploma, dated 27 March 2004; ARNG discharge orders, dated 13 August 2004; two DA Forms 1059 (Service School Academic Evaluation Report), one dated 6 October 2003 and one dated 19 October 2005; college transcripts; a DD Form 2808 (Report of Medical Examination); a DD Form 2807-1 (Report of Medical History); a copy of his social security card; a copy of his birth certificate; a Personnel Security Clearance Verification; a Statement of Military Service Obligation; two DD Forms 214 (Certificate of Release or Discharge from Active Duty), one for the period ending 22 September 2001 and one for the period ending 14 May 2004; a DD Form 220 (Active Duty Report); four service award memoranda; and an enlistment contract, dated 28 March 2000.

CONSIDERATION OF EVIDENCE:

1.  On 27 March 2000, the applicant enlisted in the ARNG.  On 27 March 2004, he completed OCS.  He took an oath of office as a Reserve commissioned officer on this date.
2.  Effective 20 July 2004, the applicant was discharged as an enlisted Soldier from the ARNG.

3.  On 21 July 2004, the applicant applied for Federal Recognition as an ARNG officer.  On this date, a Federal Recognition Board recommended that he be granted Federal Recognition.  After having been granted temporary Federal Recognition, he completed an oath of office as an ARNG 2LT on 21 July 2004.  

4.  Effective 21 July 2004, the applicant was appointed a 2LT in the ARNG.  

5.  The applicant completed the Field Artillery Officer Basic Course on               19 October 2005.  The applicant was promoted to 1LT on State orders dated    12 July 2006.

6.  On 24 October 2006, another Federal Recognition Board recommended that the applicant be granted Federal Recognition.  The applicant completed another oath of office as an ARNG 2LT on 24 October 2006.  

7.  On 13 December 2006, another Federal Recognition Board recommended that the applicant be granted Federal Recognition.  Orders dated 13 December 2006 appointed him in the ARNG as a 2LT.

8.  Orders dated 22 May 2007 appointed the applicant in the ARNG as a 2LT.

9.  NGB Special Orders Number 150 AR, dated 27 June 2007, granted the applicant permanent Federal Recognition as a 2LT effective 27 May 2007 

10.  In the processing of this case, an advisory opinion was obtained from the Personnel Division, NGB.  That office recommended approval of the applicant’s request with an initial appointment date effective 21 July 2004 and a 1LT promotion effective date of 21 July 2006 with all due back pay and allowances.  

11.  A copy of the advisory opinion was provided to the applicant for comment.  The applicant did not respond within the give time frame.

12.  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 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.  

13.  National Guard Regulation 600-100, paragraph 2-2 states 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 temporary Federal Recognition upon initial appointment establishes the authorized grade to be used by all officers in their federally recognized status. 

14.  National Guard Regulation 600-100, paragraph 2-13 states 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.

15.  National Guard Regulation 600-100, paragraph 10-15b states 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 application 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.  The applicant was an enlisted ARNG Soldier when he completed OCS on    27 March 2004.  He took his oath of office as a Reserve commissioned officer on this date.

2.  The COARNG granted the applicant temporary Federal Recognition when he executed his initial ARNG oath of office on 21 July 2004.  However, it appears he was never granted permanent Federal Recognition through an administrative error.  NGB did not grant him permanent Federal Recognition, as a 2LT, until    27 May 2007, almost a year after the State had already promoted him to 1LT.

3.  It would be equitable to amend NGB Special Orders Number 150 AR, dated 27 June 2007, to show the applicant was granted Federal Recognition as a 2LT effective 21 July 2004 (the date he completed his first ARNG oath of office).  It would also be equitable to show he was promoted to 1LT with a date of rank and effective date of promotion of 21 July 2006 and to show he was granted Federal Recognition as a 1LT effective 21 July 2006.

BOARD VOTE:

__cd____  __cad___  __rdg___  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 Army National Guard records and all Department of the Army records of the individual concerned be corrected by:

     a.   amending Federal Recognition Special Orders Number 150 AR, dated   27 June 2007, to show he was granted Federal Recognition as a second lieutenant effective 21 July 2004;

     b.  showing he was granted Federal Recognition as a first lieutenant effective 21 July 2006 with a date of rank and effective date of promotion of 21 July 2006; 

     c.  and by paying to him all back pay and allowances due as a result of the above correction.




____Carmen Duncan_____
          CHAIRPERSON



INDEX

CASE ID
AR20070011817
SUFFIX

RECON

DATE BOARDED
20071030
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
125.02
2.

3.

4.

5.

6.