IN THE CASE OF:	  

	BOARD DATE:	  20 May 2008

	DOCKET NUMBER:  AR20070014136 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (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 (2LT) be adjusted from 16 July 2007 to 17 July 2006.

2.  The applicant states, in effect, that she was appointed in the Ohio Army National Guard (OHARNG) on 17 July 2006 and that her temporary Federal Recognition expired after 6 months due to an administrative error.

3.  The applicant provides the following additional documentary evidence in support of her request:

	a.  Memorandum dated 21 June 2006 listing the Results of June 2006 Army Medical Specialist Corps Selection Board.

	b.  Oaths of Office, dated 17 July 2006 and 16 July 2007.

	c.  State of Ohio, Adjutant General’s Department, Columbus, Ohio, Appointment in the OHARNG Orders 200-84, dated 19 July 2006, and Orders 262-17, dated 19 September 2007.

CONSIDERATION OF EVIDENCE:

1.  With prior enlisted service, the applicant’s records show that she submitted an application for Federal Recognition as an Army National Guard Officer in the OHARNG on 5 June 2006. 
2.  On 21 June 2006, the Director of Health Services sent a memorandum to the National Guard Bureau stating that the applicant was selected by the 13 June 2006 Selection Board in the Medical Service Corps.

3.  On 17 July 2006, a Federal Recognition Board was held by the OHARNG 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.  On 17 July 2006, the applicant accepted an appointment as a 2LT in the OHARNG, executed an Oath of Office as a 2LT in the OHARNG, and was granted temporary Federal Recognition.

5.  On 16 December 2006, the applicant completed the Army Medical Department (AMEDD) Officer Basic Course.

6.  There is no evidence that the applicant received permanent Federal Recognition as a 2LT 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 29 January 2007, the applicant was ordered to active duty for training (ADT) to attend the U.S. Army Flight Surgeon training, at Fort Rucker, Alabama, effective 25 February 2007

8.  On 16 July 2007, a second Federal Recognition Board was held by the OHARNG 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.

9.  On 16 July 2007, the applicant executed a second Oath of Office as a 2LT in the OHARNG and was granted temporary Federal Recognition.  

10.  On 19 September 2007, State of Ohio, Adjutant General’s Department, Columbus, Ohio, published Orders 262-217, assigning the applicant, as a Physician Assistant, to the 1st Battalion, 137th Aviation, Columbus, Ohio.

11.  On 14 January 2008, National Guard Bureau, Washington, D.C. published  Federal Recognition Orders Number 9 AR, extending the applicant permanent Federal recognition for initial appointment as a 2LT in the OHARNG, effective 16 July 2007.

12.  An advisory opinion was obtained in the processing of this case on 4 April 2008.  The Chief, Personnel Division, National Guard Bureau, recommended approval of the applicant's request to adjust her initial date of appointment from 16 July 2007 to 17 July 2006 (erroneously shown in the advisory opinion memorandum as 17 July 2006 to 16 July 2006).  Furthermore, the Chief recommended the applicant receives all back pay and allowances as a result of this adjustment.

13.  A copy of the advisory opinion was furnished to the applicant on 7 April 2008; however, the applicant did not respond. 

14.  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.  

15.  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. 

16.  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.


17.  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.  The evidence of record shows that the applicant was granted temporary Federal Recognition effective 17 July 2006 upon her initial appointment in the OHARNG as a 2LT.  At that time, her Federal Recognition packet and allied documents should have been forwarded to the Adjutant General of the State of Ohio 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 OHARNG Federal Recognition Board.  Based on the recommendations of the second OHARNG Federal Recognition Board, the National Guard Bureau issued orders awarding the applicant permanent Federal Recognition effective 16 July 2007.

3.  From the foregoing, it is clear that an administrative error denied the applicant Federal recognition effective 17 July 2006.   Therefore, based on applicable law and regulation, the applicant is entitled to have Federal Recognition Order Number 9 AR amended to show the effective date of permanent Federal recognition in the grade of 2LT as 17 July 2006 and to receive back pay and allowances as a result of this correction.

BOARD VOTE:

__xxx___  __xxx___  __xxx___  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 9 AR, dated 14 January 2008 to show that she was extended Federal Recognition effective 17 July 2006 in the grade of 2LT and to back pay and allowances as a result of this adjustment. 



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       _   _______   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20070014136



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ABCMR Record of Proceedings (cont)                                         AR20070014136



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