IN THE CASE OF:	  

	BOARD DATE:	
	DOCKET NUMBER:  AR20070016953 


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, his date of rank and appointment date be adjusted from 21 March 2007 to 19 October 2005.

2.  The applicant states, in effect, that he was originally appointed in the Puerto Rico Army National Guard (PRARNG) on 19 October 2005.  His 6-month temporary Federal Recognition expired before he was appointed into the PRARNG.  He was required to be re-boarded.  He was finally appointed into the PRARNG effective 21 March 2007.  He attended the CH-BOLC (Chaplain Basic Officer Leadership Course) on 7 January 2007, prior to his appointment in the PRARNG.

3.  The applicant provides several copies of documents from his OMPF (Official Military Personnel File), such as two NGB (National Guard Bureau) Forms 337 (Oaths of Office), two appointment orders, NGB Special Orders Number 92 AR, and a DA Form 1059 (Service School Academic Evaluation Report) in support of his request.

CONSIDERATION OF EVIDENCE:

1.  On 19 October 2005, the applicant appeared before a Federal Recognition Examining Board (FREB).  He was found to be physically and morally qualified for appointment as a second lieutenant in the Chaplain Corps.  

2.  The applicant was granted temporary Federal recognition in the PRARNG, as a second lieutenant (2LT/O-1), in the Chaplain Corps effective 19 October 2005. He signed his Oaths of Office on the same day.

3.  On 21 December 2005, PRARNG Element, Joint Forces Headquarters, Orders Number 252-10 were published appointing the applicant in the PRARNG as a 2LT/O-1, in the Chaplain Corps, with a date of rank (DOR) of 19 October 2005, a PEBD (Pay Entry Basic Date) of 31 October 2000, and a commissioned service date of 19 October 2005.

4.  On 21 March 2007, the applicant appeared before an FREB.  He was found to be physically, morally, and generally and professionally qualified for appointment as a 2LT/O-1 in the Chaplain Corps.  

5.  The applicant was granted temporary Federal recognition in the PRARNG, as a 2LT/O-1, in the Chaplain Corps effective 21 March 2007.  He signed his Oaths of Office on the same day.  

6.  The applicant attended the CH-BOLC from 7 January 2007 through 6 April 2007. 

7.  On 11 April 2007, the PRARNG Element, Joint Forces Headquarters published Orders 101-515 appointing him in the PRARNG as a 2LT/O-1, with an effective date of 21 March 2007. 

8.  On 19 April 2007, Department of the Army and the Air Force, NGB, issued Special Orders Number 92 AR, showing he was extended Federal recognition in the PRARNG, as a second lieutenant with an effective date of 21 March 2007.

9.  In an advisory opinion, the Chief, Personnel Division, Departments of the Army and the Air Force, NGB, reiterated the applicant's request and statement.  

10.  The Chief, Personnel Division, advised that in accordance with National Guard Regulation (NGR) 600-100, chapter 2, paragraph 2-2, the effective date of Federal recognition for an original appointment is the date on which the commissioned officer executes the Oaths of Office in the State.  Additionally paragraph 2-12, 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 an FREB, pending final determination of eligibility, and appointed 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 FREB should be convened to consider the request again and grant another new period of temporary Federal recognition, if warranted.

11.  The Chief, Personnel Division, further advised that NGR 600-100, paragraph 10-14 states that temporary Federal recognition may be granted by an FREB to those eligible when the board finds that the member has successfully passed the examination prescribed herein, has subscribed to the Oaths 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 FREB will forward the NGB Form 89 and allied documents to The Adjutant General (TAG).  When the member is favorably recommended, TAG 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.  

12.  The NGB, Personnel Division, recommended that the applicant's request for his initial appointment date be adjusted from 21 March 2007 to 19 October 2005, and that he be promoted to 1LT/O-2, effective 19 October 2007, with all back pay and allowances as a result of this adjustment.  The recommendation was based on the regulatory authority that supported its decision as well as the Oaths of Office he signed.

13.  The applicant was provided a copy of the advisory opinion for possible comment prior to consideration of this case.  The applicant was provided 10 days to submit comments; however, the applicant did not respond. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant's initial Federal Recognition Examining Board recommended him for appointment in the PRARNG in the rank of second lieutenant with an effective date and date of rank of 19 October 2005.  Through no fault of the applicant, his temporary extension of Federal Recognition expired. 

2.  A second FREB was convened and the applicant was again found qualified for extension of Federal recognition for appointment.  Upon submission of this second appointment request, another Oaths of Office was completed and his date of rank for second lieutenant became 21 March 2007, the date the second oath was administered.  The administrative error in processing and securing the applicant's Federal recognition altered his date of rank through no fault of his own and he should not be penalized for this action.
3.  In view of the circumstances in this case, the applicant is entitled to correction of his records to show he was appointed in the PRARNG and extended Federal recognition as a second lieutenant effective 19 October 2005, and to be promoted to 1LT/O-2, effective 19 October 2007, with entitlement to all back pay and allowances.  The applicant is also entitled to nullification of his Oaths of Office, dated 21 March 2007; revocation of Orders 101-515, dated 11 April 2007. These documents should be declared void and of no force or effect.  Further, NGB Special Orders Number 92 AR, dated 19 April 2007, should be amended to show that the applicant was appointed in the PRARNG and extended Federal recognition, as a second lieutenant, effective 19 October 2005, with all appropriate adjustments of pay and allowances.

4.  The applicant is also entitled to promotion to first lieutenant, effective
19 October 2007, with all back pay and allowances, as a result of this correction. 

BOARD VOTE:

____x___  ___x____  ___x____  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 state Army Nation Guard records and the Department of the Army records of the individual concerned be corrected, as appropriate, by:

	a.  voiding the applicant's Oaths of Office, dated 21 March 2007;

	b.  revoking PRARNG Element, Joint Forces Headquarters Orders
101-515, dated 11 April 2007;

	c.  amending NGB Special Orders Number 92 AR, dated 19 April 2007, to show that the applicant was appointed in the Puerto Rico Army National Guard and extended Federal Recognition, as a second lieutenant, effective 19 October 2005, with all appropriate adjustments of pay and allowances; and
      
      d.  showing the applicant was promoted to first lieutenant, effective 19 October 2007, with entitlement to all back pay and allowances.



      __________x_____________
      	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)                                         AR20070016953



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ABCMR Record of Proceedings (cont)                                         AR20070016953



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