RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 May 2008
	DOCKET NUMBER:  AR20070017119 


	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.




Director



Analyst

      The following members, a quorum, were present:




Chairperson



Member



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 her records be corrected to show that she received permanent Federal Recognition of her promotion to first lieutenant in the Mississippi Army National Guard (MSARNG) effective 23 July 2006.    

2.  The applicant states that she was commissioned at the end of the Leadership Development and Assessment Course at Fort Lewis, Washington on 23 July 2004.  She points out that two years from that date is 23 July 2006.  She believes the paperwork that was submitted may not have reflected the correct anniversary date.   

3.  The applicant provides a letter of appointment; a National Guard Bureau (NGB) Form 0122E (Departments of the Army and the Air Force Special Orders); and promotion orders, dated 12 September 2006. 

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed a second lieutenant in the U.S. Army Reserve (USAR) on 23 July 2004.  She was released from the USAR on 4 January 2005 and reassigned to the MSARNG. 

2.  Records show the applicant executed an oath of office, on 4 January 2005, in the grade of second lieutenant in the MSARNG.  This oath of office shows the applicant was awarded temporary Federal Recognition.

3.  The applicant completed the Military Police Officer Basic Course on 19 July 2005.

4.  MSARNG Orders 255-820, dated 12 September 2006, show the applicant was promoted to the grade of first lieutenant effective 12 September 2006.  

5.  National Guard Bureau Federal Recognition Special Orders Number 249 AR, dated 29 September 2006, show the applicant was awarded permanent Federal Recognition in the grade of first lieutenant effective 12 September 2006.

6.  In the processing of this case an advisory opinion was obtained from the Chief of the National Guard Bureau.  That office recommends approval of the applicant’s request and that she receive all back pay and allowances.   

7.  On 15 April 2008, the applicant concurred with the advisory opinion.

8.  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.  

9.  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 oaths 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. 

10.  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.

11.  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.  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.

12.  Paragraph 2-1 of 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 determine 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.

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

14.  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:

Evidence of record shows the applicant was appointed a second lieutenant in the USAR on 23 July 2004.  She successfully completed the Military Police Officer Basic Course on 19 July 2005 and met the time-in grade requirement for promotion to the grade of first lieutenant on 23 July 2006.  Therefore, the applicant is eligible for award of permanent Federal Recognition for promotion to first lieutenant with the effective date 23 July 2006.

BOARD VOTE:

XX_____  __XX___  __XX____  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 National Guard records and the Department of the Army records of the individual concerned be corrected by awarding her permanent Federal Recognition for promotion to first lieutenant in the MSARNG effective 23 July 2006.

2.  The Board further recommends that the applicant be paid all back pay and allowances due as a result of this correction.


 
                  __XXX_______
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20070017119


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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA  22202-4508