RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 April 2008
	DOCKET NUMBER:  AR20080001259 


	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 Nevada Army National Guard National (NVARNG) on 21 March 2006.    

2.  The applicant states, in effect, that the date of the Army Medical Department (AMEDD) Federal Recognition is 28 September 2006; however, he was commissioned in the rank of second lieutenant on 21 March 2006.

3.  The applicant provides a NGB [National Guard Bureau] Form 337 (Oaths of Office), dated 21 March 2006; appointment orders, dated 24 March 2006 and 
30 March 2006; discharge orders, dated 24 March 2006; a DA Form 1059 (Service School Academic Evaluation Report), dated 10 June 2006; a diploma; a NGB Form 337, dated 28 September 2006; reappointment orders, dated 
6 October 2006; a NGB Form 89 (Proceedings of a Federal Recognition Examining Board), dated 7 January 2005; and a memorandum, dated 25 April 2006. 

CONSIDERATION OF EVIDENCE:

1.  Records show the applicant executed an oath of office, on 21 March 2006, in the grade of second lieutenant in the NVARNG.  This oath of office shows the applicant was awarded temporary Federal Recognition.

2.  The applicant completed the AMEDD Officer Basic Course on 10 June 2006.

3.  On 28 September 2006, the applicant executed a second oath of office as a second lieutenant in the NVARNG and was awarded temporary Federal Recognition.

4.  National Guard Bureau Federal Recognition Orders Number 25 AR, dated 
1 February 2007, show the applicant was awarded permanent Federal Recognition in the grade of second lieutenant effective 28 September 2006.

5.  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.  

6.  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. 

7.  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.

8.  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 the applicant executed an oath of office in the NVARNG on 
21 March 2006 and was awarded temporary Federal Recognition.    

2.  There is no evidence the NVARNG forwarded a Federal Recognition packet to the Chief, National Guard Bureau for award of permanent Federal Recognition for initial appointment in the NVARNG in the grade of second lieutenant.
3.  Records further show the applicant successfully completed the AMEDD Officer Basic Course on 10 June 2006.

4.  From the foregoing, it appears that an administrative error denied the applicant Federal Recognition effective 21 March 2006, the date of his first oath of office for initial appointment as a second lieutenant in the NVARNG.  He should be granted permanent Federal Recognition effective 21 March 2006, the date he was awarded temporary Federal Recognition by the NVARNG.

5.  Based on applicable law and regulation, the applicant is eligible for award of permanent Federal Recognition for initial appointment as a second lieutenant effective 21 March 2006.  

BOARD VOTE:

X______  __X__  __X____  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 the State Army National Guard records and the Department of the Army records of the individual concerned be corrected by amending Federal Recognition Orders Number 25 AR, dated 1 February 2007, to show that he was extended Federal Recognition effective 21 March 2006 in the grade of second lieutenant.

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


           ___X_________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20080001259


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