RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 March 2008
	DOCKET NUMBER:  AR20080000441 


	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. Richard T. Dunbar

Chairperson

Mr. Gerald J. Purcell

Member

Ms. Rea M. Nuppenau

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 appointment date be corrected to 30 September 2006, the date of his initial appointment in the grade of warrant officer one (WO1).  

2.  The applicant states, in effect, that his six-month temporary Federal Recognition expired before he was properly appointed resulting in a second appointment on 22 June 2007. 

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

     a.  applicant's Oath of Office and temporary Federal Recognition to WO1 in the Army National Guard (ARNG), dated 30 September 2006;

     b.  Orders 272-040, dated 29 September 2006, published by the State of Georgia, Department of Defense (Military Division), appointing him in the ARNG as a WO1 effective 30 September 2006;

     c.  Orders 193-055, dated 12 July 2007, published by the State of Georgia, Department of Defense (Military Division), appointing him in the ARNG as a WO1 effective 24 July 2007;

     d.  applicant's Oath of Office and temporary Federal Recognition to WO1 in the Georgia ARNG, dated 24 July 2007;

     e.  a memorandum from the U. S. Army Adjutant General School, dated 30 July 2007, which states the applicant conditionally meets the criteria for technical eligibility for entry into the Warrant Officer Military Occupational Specialty 420A, Human Resources Technician;

     f.  National Guard Bureau (NGB) Federal Recognition Orders Number 239 AR, dated 3 October 2007, applicant's initial appointment;

     g.  Army National Guard Annual Retirement Points Statement, dated 4 January 2007; and

     h.  miscellaneous unit assignment orders and enlistment documents.



CONSIDERATION OF EVIDENCE:

1.  On 29 September 2006, the State of Georgia, Department of Defense (Military Division), published order number 272-040 appointing the applicant in the ARNG in the grade and rank of WO1 in the basic branch Ordnance.  The order states the applicant's commissioned service date was 30 September 2006 and it was the effective date of the order too.

2.  On 30 September 2006, the applicant executed an Oath of Office (NGB Form 337) as a WO1 in the Georgia ARNG and he was granted temporary Federal Recognition on this date.

3.  There is no evidence that the applicant received permanent Federal Recognition as a WO1 from the National Guard Bureau within the six-month period required by National Guard/Army regulations.  As a result, his temporary Federal Recognition expired.

4.  On an unknown date, a second Federal Recognition Board was held by the Georgia ARNG to determine if the applicant was qualified to be awarded Federal Recognition.  The proceedings of this Board are not available for the Board to review.  

5.  On 24 July 2007, the applicant executed a second Oath of Office as a WO1 in the Georgia ARNG and was granted temporary Federal Recognition on this date.

6.  On 12 July 2007, the State of Georgia Department of Defense (Military Division), published Orders 193-055 appointing the applicant in the ARNG in the grade and rank of WO1 in the basic branch Ordnance.  The order states the applicant's commissioned service date is 30 September 2006 and the effective date of the order was 24 July 2007.

7.  National Guard Bureau Federal Recognition Orders Number 239 AR, dated 3 October 2007, awarded the applicant permanent Federal Recognition for his initial appointment to the grade of WO1, effective 24 July 2007.

8.  In an advisory opinion, dated 27 December 2007, obtained in the processing of this case, the Chief, Personnel Division, National Guard Bureau recommended approval of the applicant's request to adjust his initial appointment to 30 September 2006 vice 24 July 2007.  

9.  A copy of the advisory opinion was provided to the applicant on 9 January 2007.  Records show the applicant did not respond to the advisory opinion rendered in his case.

10.  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 ARNG of the United States if they have not already accepted such appointment.

11.  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 warrant 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 warrant officers in their federally recognized status. 

12.  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.

13.  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.

DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant was granted temporary Federal Recognition on 30 September 2006 upon his initial appointment in the Georgia ARNG as a WO1.  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 Georgia ARNG Federal Recognition Board.  Based on the recommendations of the second Board, the National Guard Bureau issued orders awarding the applicant permanent Federal Recognition effective 24 July 2007.  This administrative error denied the applicant Federal Recognition effective 30 September 2006.  

3.  Based on applicable law and regulation, the applicant is entitled to have Federal Recognition Order Number 237 AR, dated 3 October 2007, amended to show the effective date of permanent Federal Recognition in the grade and rank of WO1 as 30 September 2006.

BOARD VOTE:

__RMN__  __GTP__  __RTD___  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 239 AR, dated 3 October 2007, to show that he was extended Federal Recognition effective 30 September 2006 in the grade of WO1.





____Richard T. Dunbar____
          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.