RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  24 April 2008
	DOCKET NUMBER:  AR20080000724 


	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 his records be corrected to show that he received permanent Federal Recognition for initial appointment as a second lieutenant in the Oregon Army National Guard National (ORARNG) on 22 March 2005.  The applicant further requests permanent Federal Recognition of his promotion to the grade of first lieutenant effective 16 March 2007.  

2.  The applicant states that his Federal Recognition paperwork was submitted in November 2004; however, it was not processed until 17 May 2007.  He contends that before the Federal Recognition process was completed he had completed Officer Candidate School and the Infantry Officer Basic Course; that he had deployed to New Orleans, Louisiana as the executive officer during Operation Southern Relief; and that he completed a 16-month rotation as an Embedded Tactical Trainer in Operation Enduring Freedom.      

3.  The applicant provides an application for Federal Recognition; a National Guard Bureau (NGB) Form 337 (Oaths of Office), dated 13 March 2005; orders dated 22 March 2005; a DA Form 1059 (Service School Academic Evaluation Report), dated 26 July 2005; promotion orders, dated 16 March 2007; an NGB Form 337, dated 17 May 2007; an NGB Form 89 (Proceedings of a Federal Recognition Examining Board), dated 17 May 2007; orders, dated 23 May 2007; and Federal Recognition orders, dated 8 August 2007. 

CONSIDERATION OF EVIDENCE:

1.  Records show the applicant executed an oath of office, on 13 March 2005, in the grade of second lieutenant in the ORARNG.  This oath of office shows the applicant was awarded temporary Federal Recognition.

2.  The applicant completed Infantry Officer Basic Course on 26 July 2005.

3.  ORARNG Orders 075-161, dated 16 March 2007, show the applicant was promoted to the grade of first lieutenant effective 12 March 2007.  

4.  On 17 May 2007, the applicant executed a second oaths of office as a second lieutenant in the ORARNG and was awarded temporary Federal Recognition.

5.  National Guard Bureau Federal Recognition Special Orders Number 190 AR, dated 8 August 2007, show the applicant was awarded permanent Federal Recognition in the grade of second lieutenant.

6.  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.  

7.  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. 

8.  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.

9.  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.

10.  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.

11.  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.

12.  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.  The applicant contends he should be awarded permanent Federal Recognition as a second lieutenant in the ORARNG effective 22 March 2005 and award of permanent Federal Recognition for promotion to the grade of first lieutenant effective date 16 March 2007.

2.  Records show he executed an oaths of office in the ORARNG on 13 March 2005 and was awarded temporary Federal Recognition.  There is no evidence the ORARNG held a Federal Recognition Board to determine if the applicant was qualified for permanent Federal Recognition.  

3.  Additionally, there is no evidence the ORARNG forwarded a Federal Recognition packet to the Chief, National Guard Bureau for award of permanent Federal Recognition for initial appointment in the ORARNG in the grade of second lieutenant.

4.  Evidence of record shows the applicant served in the ORARNG in the grade of second lieutenant until he was promoted by the ORARNG to the grade of first lieutenant on 12 March 2007.  However, there is no evidence he was awarded permanent Federal Recognition by the National Guard Bureau for this promotion.

5.  Records further show the applicant successfully completed the Infantry Officer Basic Course on 27 July 2005.

6.  From the foregoing, it is clear that an administrative error denied the applicant Federal Recognition effective 13 March 2005, the date of his first oaths of office for initial appointment as a second lieutenant in the ORARNG.  Although the applicant requested an initial appointment date of 22 March 2005, he should be granted permanent Federal Recognition effective 13 March 2005, the date he was awarded temporary Federal Recognition by the ORARNG.

7.  Based on applicable law and regulation, the applicant is eligible for award of permanent Federal Recognition for initial appointment as a second lieutenant effective 13 March 2005.  

8.  Additionally, based on the above correction and the fact that the applicant successfully completed the Infantry Officer Basic Course on 26 July 2005 and met the time-in grade requirement for promotion to the grade of first lieutenant, the applicant is eligible for award of permanent Federal Recognition for promotion to first lieutenant with the effective date 12 March 2007.

BOARD VOTE:

XXX_____  __XXX___  ___XXX___  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 Special Orders Number 190 AR, dated 8 August 2007, to show that he was extended Federal Recognition effective 13 March 2005 in the grade of second lieutenant and by awarding permanent Federal Recognition for promotion to first lieutenant in the ORARNG effective 12 March 2007.

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




      ___        XXX ________
                CHAIRPERSON
ABCMR Record of Proceedings (cont)                                         AR20080000724


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