RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  12 February 2008
	DOCKET NUMBER:  AR20070013504 


	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:


Ms. Kathleen A. Newman

Chairperson

Mr. Jose A. Martinez

Member

Ms. Susan A. Powers

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 orders (initial appointment), dated 23 April 2007, in the grade of second lieutenant be corrected to show the Federal Recognition order effective date of 20 April 2005.

2.  The applicant states that his initial appointment packet was not processed within 6 months of appointment causing his temporary Federal Recognition to expire.

3.  The applicant provides in support of his application, a copy of a memorandum from the Acting Deputy Chief of Staff for Personnel, Michigan National Guard Joint Force Headquarters, addressed to the Commander, Army National Guard, dated 17 July 2007; a copy of Headquarters, National Guard Bureau Special Orders Number 95 AR, dated 23 April 2007, granting him an extension of Federal Recognition in the Army National Guard for the purpose of initial appointment; a copy of the Proceedings of a Federal Recognition Examining Board, dated 28 March 2007; a copy of his notification of a Federal Recognition Board, dated 28 March 2007; a copy of appointment orders dated 27 April 2005; a copy of his Oaths of Office dated 20 April 2005; a copy of a Conduct of The Board, dated 20 April 2005; a copy of his Application for Federal Recognition dated 14 September 2004; a copy of a Memorandum for Record, referencing a Statement of Understanding, dated 11 September 2004; a copy of his notification of a Federal Recognition Board, dated 28 March 2007; and a copy of his Army National Guard Officer Candidate School Diploma.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records contain an Army National Guard Officer Candidate School Diploma, which shows that he was a graduate of the 2nd Officer Candidate School Battalion, Officer Candidate School Course 501, on 12 March 2005.

2.  On 20 April 2005, a Federal Recognition Board was held by the Michigan Army National Guard (MIARNG) to determine if the applicant was qualified to be awarded Federal Recognition.  The proceedings indicated the applicant was satisfactory in his physical qualifications, moral character, and general qualifications.

3.  The applicant accepted an appointment as a second lieutenant in the MIARNG on 20 April 2005.  

4.  On 20 April 2005, the applicant executed an Oaths of Office as a second lieutenant in the MIARNG and was granted temporary Federal Recognition.

5.  There is no evidence the applicant received permanent Federal Recognition as a second lieutenant from the National Guard Bureau within the six month period required by National Guard/Army regulations.  As a result, his temporary Federal Recognition expired.

6.  On 28 March 2007, a second Federal Recognition Board was held by the MIARNG to determine if the applicant was qualified to be awarded Federal Recognition.  The proceedings indicated the applicant was satisfactory in his physical qualifications, moral character, and general qualifications.  

7.  National Guard Bureau Special Orders Number 95 AR, dated 23 April 2007, awarded the applicant Federal Recognition for initial appointment to the grade of second lieutenant, effective 28 March 2007.

8.  National Guard Bureau Special Orders Number 118 AR, dated 17 May 2007, awarded the applicant an extension to his Federal Recognition for the purpose of promotion to first lieutenant, with an effective date of 20 April 2007.

9.  On 26 September 2007, an advisory opinion was obtained from the National Guard Bureau, Chief, Personnel Division, who recommended that relief be granted in this case.  The National Guard Bureau official further recommended that the applicant be promoted to first lieutenant effective 20 April 2007, and that he receive all back pay and allowances as a result of the adjustment to the date of his initial appointment.

10.  On 3 October 2007, a copy of the advisory opinion was forwarded to the applicant for his information and/or possible rebuttal.  To date, there has been no response from the applicant regarding the advisory opinion.

11.  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.  

12.  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 that temporary Federal Recognition upon initial appointment establishes the authorized grade to be used by all officers in their federally recognized status. 

13.  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.

14.  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.







15.  Paragraph 2-1 of Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) states, in pertinent part, an officer in the grade of second lieutenant will be considered for promotion without review by a selection board.  The officer's records will be screened to determined eligibility for promotion to the next higher grade far enough in advance to permit promotion on the date the promotion service is completed in compliance with table 2-1 or table 2-3 of this regulation.

16.  Table 2-1 of Army Regulation 135-155 states the minimum time in grade as a second lieutenant for promotion to first lieutenant is 2 years.

17.  Table 2-2 of Army Regulation 135-155 states, in pertinent part, second lieutenants must complete a resident officer basic course to be eligible for promotion to first lieutenant.

DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant was granted temporary Federal Recognition effective 20 April 2005 upon his initial appointment in the MIARNG 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 Michigan 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 MIARNG Federal Recognition Board.  

3.  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.

4.  From the foregoing, it is clear that an administrative error denied the applicant Federal Recognition effective 20 April 2005.  

5.  However, National Guard Bureau Special Orders Number 118 AR, dated
17 May 2007, properly reflects the effective date of the applicant's promotion to first lieutenant as 20 April 2007.




6.  Based on applicable law and regulation, the applicant is entitled to have National Guard Bureau Special Orders Number 95 AR amended to show the effective date of permanent Federal Recognition in the grade of second lieutenant is 20 April 2005.

7.  As a result of the above, that applicant’s Army National Guard records and the applicant’s Department of the Army records should be corrected to show the relief being granted.

BOARD VOTE:

__KAN__  __JAM__  __SAP__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  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 corrected, as appropriate, by amending National Guard Bureau Special Orders Number 95 AR, dated 23 April 2007, to show he was extended Federal Recognition effective 20 April 2005 in the grade of second lieutenant.

2.  That he be awarded any and all back pay and allowances that he may be due as a result of this correction.




____Kathleen A. Newman____
          CHAIRPERSON




INDEX

CASE ID
AR20070013504
SUFFIX

RECON

DATE BOARDED
20080212
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.  274
125.0200.0000
2.

3.

4.

5.

6.