RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 March 2008
DOCKET NUMBER: AR20070013276
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. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. James B. Gunlicks
Chairperson
Mr. Donald W. Steenfott
Member
Mr. Roland S. Venable
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 correction of Special Orders Number 95, National Guard Bureau, dated 23 April 2007, to show his initial appointment date as
23 March 2005.
2. The applicant states that his initial appointment packet was not processed within 6 months of his appointment causing his temporary Federal recognition to expire.
3. The applicant provides copies of his appointment packet and orders.
CONSIDERATION OF EVIDENCE:
1. On 10 February 2005, the applicant applied for appointment as a commissioned officer in the Army Reserve.
2. On 23 March 2005, a Federal Recognition Board convened. It found the applicant qualified for appointment and recommended that he be granted Federal recognition.
3. On 23 March 2005, the applicant took his oath of office as a first lieutenant in the Michigan Army National Guard and was granted temporary Federal recognition.
4. Orders, State of Michigan, dated 1 April 2005, assigned the applicant for duty as the executive officer, 156 Signal Battalion, Kalamazoo, Michigan, effective
23 March 2005.
5. On 28 March 2007, another Federal Recognition Board convened and again found the applicant qualified for appointment and recommended that he be granted Federal recognition. The applicant completed another oath of office on 28 March 2007.
6. Special Orders Number 95, National Guard Bureau, dated 23 April 2007, extended Federal recognition to the applicant effective 28 March 2007.
7. On 21 August 2007, the Chief, Officer Branch, Michigan National Guard Joint Force Headquarters, Lansing, Michigan, wrote a memorandum for the Commander, National Guard Bureau, Arlington, Virginia. This memorandum explained that due to administrative errors at all levels and through no fault of the applicant, his initial appointment packet that was submitted to the National Guard Bureau for permanent Federal recognition was not processed within 6 months causing his temporary Federal recognition to expire.
8. In the processing of this case, an advisory opinion was obtained from the Chief, Personnel Division, National Guard Bureau, Arlington, Virginia. It recommended that the applicantÂ’s initial appointment date be corrected to read 23 March 2005.
9. On 27 September 2007, a copy of the advisory opinion was sent to the applicant for his information and opportunity to submit rebuttal comments. No reply has been received as of the date of the Board.
DISCUSSION AND CONCLUSIONS:
1. The applicant was found qualified for appointment and recommended for Federal recognition on 23 March 2005. However, through no fault of his own, his Federal recognition was not granted within the 6-month processing period. A subsequent Federal Recognition Board again found him qualified for appointment and again recommended him for Federal recognition on 28 March 2007. Federal recognition was granted effective 28 March 2007.
2. Personnel at both the Michigan Army National Guard and the National Guard Bureau concur that that the applicant should have received Federal recognition effective 23 March 2005.
3. In view of the above, the applicant's Michigan Army National Guard Records and the applicant's Department of the Army records should be corrected to show that he was granted Federal recognition effective 23 March 2005.
BOARD VOTE:
__JBG __ __RSV __ __DWS __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 the Michigan Army National Guard records and the Department of the Army records of the individual concerned be corrected by showing that he received Federal recognition effective 23 March 2005.
__ James B. Gunlicks __
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.
ARMY | BCMR | CY2007 | 20070013504
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. Based on the recommendations of the second MIARNG Federal Recognition Board, the National Guard Bureau issued orders, dated 23 April 2007, awarding the applicant Federal Recognition for initial appointment to the grade of second lieutenant, effective 28 March 2007. As a result, the Board...
ARMY | BCMR | CY2007 | 20070015760
National Guard Regulation 600-100, paragraph 10-15b states that temporary Federal Recognition may be granted by an 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. Records show the applicant was granted temporary Federal Recognition effective 16...
ARMY | BCMR | CY2006 | 20060015550
National Guard Bureau Federal Recognition Orders Number 75 AR, dated 17 March 2006, awarded the applicant permanent Federal Recognition for initial appointment to the grade of captain, effective 9 January 2006. 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. Records show that the applicant was granted temporary Federal Recognition...
ARMY | BCMR | CY2008 | 20080010005
The applicant was granted temporary Federal recognition in the MIARNG, as a 2LT/O-1, in the MSC effective 15 January 2008. The evidence shows that the applicant's initial Federal Recognition Examining Board recommended her for appointment in the MIARNG in the rank of second lieutenant with an effective date and date of rank of 18 May 2005. As a result, the Board recommends that the state Army National Guard records and the Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2007 | 20070014720
National Guard Bureau (NGB) Form 89 (Proceedings of a Federal Recognitions Examining Board), dated 8 December 2004; c. Officer Candidate School Graduation Diploma, dated 12 March 2005; d. Applicant's Oath of Office and temporary Federal Recognition to second lieutenant in the Army National Guard, dated 12 March 2005; e. Orders 084-003, dated 25 March 2005, appointing him in the Army National Guard; f. NGB Form 89, dated 19 January 2006; g. Applicant's Oath of Office and temporary Federal...
ARMY | BCMR | CY2005 | 20050010694C070206
James R. Hastie | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending Federal Recognition...
ARMY | BCMR | CY2007 | 20070007169C071113
The applicant states, in effect, that his appointment packet was completed on 10 August 2005, as a Field Artillery Officer. 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. Therefore, based on applicable law and regulation, the applicant is entitled to have Federal Recognition Order Number 225 AR, dated 21 August 2006,...
ARMY | BCMR | CY2007 | 20070003128
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. The evidence of record shows that the applicant was granted temporary Federal Recognition effective 21 May 2005, upon his initial appointment in the LAARNG as a second lieutenant. Based on the recommendations of the second LAARNG Federal Recognition Board, the National Guard Bureau issued...
ARMY | BCMR | CY2005 | 20050016767C070206
The applicant requests that the date of his initial appointment as a captain in the Nevada Army National Guard (NVARNG) be corrected from 1 March 2005 to 1 September 2004 and that his date of rank be corrected on National Guard Bureau Federal Recognition Orders Number 228 AR to show the effective date 1 September 2001. National Guard Bureau Federal Recognition Orders Number 228 AR, dated 4 August 2005, awarded the applicant permanent Federal Recognition for initial appointment to the grade...
ARMY | BCMR | CY2008 | 20080006717
The applicant provides a copy of his two oaths of office, his Federal Recognition order, an e-mail from a chief warrant officer (CWO) from the Army National Guard (ARNG), and excerpts from his military records. In the e-mail submitted by the CWO it was stated that the applicant took his oath of office in April 2007, and was afforded temporary Federal Recognition. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending...