RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  11 March 2008
	DOCKET NUMBER:  AR20070014720 


	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. Jeanne Marie Rowan

Analyst


The following members, a quorum, were present:


Mr. Frank C. Jones, II

Chairperson

Ms. Carmen Duncan

Member

Mr. Scott W. Faught

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, correction of his records to adjust his initial date of appointment from 19 January 2006 to 12 March 2005 and to be promoted to first lieutenant effective 12 March 2007.  He further requests he be paid all back pay and allowances.

2.  The applicant states in effect, that he was appointed in the Georgia Army National Guard (GAARNG) on 12 March 2005 and that his temporary Federal Recognition expired after 6 months due to an administrative error.

3.  The applicant provided the following additional documentary evidence in support of his application: 

	a.  National Guard Bureau (NGB) Form 62 (Application for Federal Recognition and Appointment as a Reserve Commissioned Officer), dated 14 September 2004;

	b.  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 Recognition to second lieutenant in the Army National Guard, dated 19 January 2006;.

	h.  National Guard Bureau (NGB) Federal Recognition Orders Number 114 AR, dated 3 May 2006, initial appointment;

	i.  Appointment memorandum, dated 7 June 2006, published by Human Resources Command-St. Louis appointing the applicant as a Reserve Commissioned Officer of the Army under Title 10, U. S. Code, Sections 12201 and 12032;	

	j.  DA Form 1059 (Service School Academic Evaluation Report), dated 23 August 2006, which shows he met course completion requirements for the Field Artillery Officer Basic Course; 
	
	k.  DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 23 August 2006, which shows he was released from active duty upon completion of active duty for training; and 

	l.  Orders 156-058, dated 5 June 2007, promoting him in the Army National Guard to the rank of first lieutenant effective 12 March 2007.

CONSIDERATION OF EVIDENCE:

1.  On 8 December 2004, a Federal Recognition Board was held by the GAARNG to determine if the applicant was qualified to be awarded Federal Recognition.  The proceedings indicated that the applicant was satisfactory in his physical qualifications, moral character, civilian education, and general qualifications.  

2.  The applicant accepted an appointment as a second lieutenant in the GAARNG on 12 March 2005, executed an Oath of Office in the GAARNG on the same date, and was granted temporary Federal Recognition.

3.  The applicant's record does not contain National Guard Bureau Federal Recognition Orders awarding him permanent Federal Recognition for initial appointment to the grade of second lieutenant effective 12 March 2005, the date he executed his first Oath of Office.

4.  On 19 January 2006, a second Federal Recognition Board was held by the GAARNG to determine if the applicant was qualified to be awarded Federal Recognition.  The proceedings indicated that the applicant was satisfactory in his physical qualifications, moral character, civilian education, and general qualifications.

5.  On 19 January 2006, the applicant executed a second Oath of Office as a second lieutenant in the GAARNG.

6.  Army National Guard Orders 084-003, dated 25 March 2005, published by the State of Georgia, Department of Defense, Military Division, show that the applicant was appointed in the Army National Guard effective 19 January 2006, which is the date of the second Federal Recognition Board.

7.  National Guard Bureau Federal Recognition Orders Number 114 AR, dated   3 May 2006, awarded the applicant permanent Federal Recognition for initial appointment to the grade of second lieutenant, effective 19 January 2006.

8.  By memorandum on 7 June 2006, the applicant was appointed as a Reserve Commissioned Officer in the Army in the Field Artillery effective 19 January 2006.

9.  On 5 June 2007, Orders 156-085, published by the GAARNG promoted the applicant to first lieutenant with a date of rank of 12 March 2007 stating the applicant would be paid as a first lieutenant upon receipt of Federal Recognition. 

10.  In an advisory opinion, dated 18 October 2007, obtained in the processing of this case, the Chief, Personnel Division, National Guard Bureau, Arlington, Virginia, recommended approval of the applicant's request to adjust his initial appointment to 12 March 2005, to be promoted to first lieutenant effective 12 March 2007, and to receive all back pay and allowances as a result of his promotion to first lieutenant.

11.  A copy of the advisory opinion was provided to the applicant on 17 October 2007.  Records show the applicant did not respond to the advisory opinion rendered in his case.

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 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.  

13.  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. 

14.  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.

15.  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.

16.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) states, in pertinent part, that 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.

17.  Army Regulation 135-155, Table 2-1, of states that the minimum time in grade as a second lieutenant for promotion to first lieutenant is 2 years.  Additionally, Table 2-2 of Army Regulation 135-155 states, in pertinent part, that 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 12 March 2005 upon his initial appointment in the GAARNG as a second lieutenant.  At that time, his complete Federal Recognition packet and allied documents should have been forwarded to The Adjutant General of the State of Georgia 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 a second GAARNG Federal Recognition Board.  Based on the recommendations of the second Board, the National Guard Bureau issued orders awarding the applicant permanent Federal Recognition effective 19 January 2006.  This administrative error denied the applicant both Federal Recognition effective 12 March 2005 and promotion to first lieutenant to include applicable pay and allowances with a date of rank of 12 March 2007.  

3.  Based on applicable law and regulation, the applicant is entitled to have Federal Recognition Order Number 114 AR, dated 3 May 2006, amended to show the effective date of permanent Federal Recognition in the grade of second lieutenant as 12 March 2005.

4.  From the foregoing, it is clear that an administrative error denied the applicant permanent Federal Recognition effective 12 March 2005.  Had the applicant's Federal Recognition date been correct, the applicant would have been promoted to first lieutenant with an effective date of rank of 12 March 2007.  Therefore, the applicant is entitled to have a new Federal Recognition Order published promoting him to first lieutenant effective 12 March 2007 and to receive back pay and allowances as a result of his promotion to first lieutenant.

BOARD VOTE:

_ _FCJ__  __CD ___  __SWF  _  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 all Department of the Army records of the individual concerned be corrected by amending Federal Recognition Order Number 114 AR, dated 3 May 2006, to show that he was extended Federal Recognition effective 12 March 2005 in the grade of second lieutenant.

2.  The Board further recommends that the applicant be promoted to the grade of first lieutenant in the Army Reserve with an effective date of rank 12 March 2007 and to receive all back pay and allowances due him as a result of his promotion to first lieutenant.





___Frank C. Jones  ___
      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.