RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 April 2008
	DOCKET NUMBER:  AR20080004485 


	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:


M

Chairperson

M

Member

M

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 correction of her records as follows:

	a.  adjustment of her initial date of appointment and date of rank (DOR) to second lieutenant (2LT) from 28 December 2007 to 13 August 2005;

	b.  promotion to first lieutenant (1LT) effective 13 August 2007; 

	c.  adjustment of the date of her inter-State transfer from the Georgia Army National Guard (GAARNG) to the Texas Army National Guard (TXARNG) from 15 December 2007 to 1 November 2006; and

	d.  issuance of a DD Form 1A (Certificate of Appointment) that reflects a correct appointment date. 

2.  The applicant states that she was appointed in the GAARNG on 13 August 2005 and that her temporary Federal recognition expired after 6 months due to an administrative error.  She further adds that she requested an inter-State transfer from GAARNG to TXARNG, but since she was not extended Federal recognition by the National Guard Bureau, the TXARNG could not access her.  She was reappointed by a subsequent GAARNG board and was ultimately extended Federal recognition on 13 December 2007.  The administrative delay in extending her Federal recognition for her initial appointment further delayed her promotion to 1LT. 

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

	a.  National Guard Bureau (NGB) Form 89 (Proceedings of a Federal Recognitions Examining Board), dated 11 July 2005.

	b.  Applicant's Oath of Office, dated 13 August 2005.

	c.  Orders 220-003, dated 8 August 2005, appointing her in the Army National Guard.

	d.  National Guard Bureau (NGB) Form 89 (Proceedings of a Federal Recognition Examining Board), dated 13 December 2007.

	e.  Applicant's Oath of Office, dated 13 December 2007.

	f.  Orders 352-03, dated 18 December 2007, appointing her in the Army National Guard.

	g.  National Guard Bureau (NGB) Federal Recognition Special Orders Number 54 AR, dated 26 February 2008, initial appointment.

4.  On 3 April 2008, by electronic mail (email), the applicant submitted a copy of her Inter-State transfer packet, dated 15 October 2006, in support of her application.

CONSIDERATION OF EVIDENCE:

1.  On 11 July 2005, a Federal Recognition Board was held by the GAARNG to determine if the applicant was qualified to be awarded Federal recognition.  The proceedings indicated that the applicant was satisfactory in her physical qualifications, moral character, and general qualifications.  

2.  On 13 August 2005, the applicant accepted an appointment as a 2LT in the GAARNG, executed an Oath of Office in the GAARNG on the same date, and was granted temporary Federal recognition.

3.  On 13 August 2005, the State of Georgia, Department of Defense, Military Division, Ellenwood, Georgia Army National Guard, published Orders 220-003, appointing the applicant in the Army National Guard, effective 13 August 2005.

4.  On 3 October 2006, she completed the Quartermaster Officer Basic Course.

5.  There is no indication that the applicant was granted Federal recognition for initial appointment subsequent to her completion of the Officer Basic Course or prior to her transfer to the TXARNG.  

6.  On 16 October 2006, the applicant requested a voluntary Inter-State transfer to the TXARNG.

7.  On 8 November 2006, she accepted an appointment as a 2LT in the TXARNG and executed an Oath of Office on the same date.  

8.  On 16 November 2006, Texas Military Forces, Army National Guard, Adjutant's General Department, Austin, Texas, published Orders 320-1115, appointing the applicant in the TXARNG as a 2LT effective 8 November 2006.  The Orders further assigned her to D Company, 249th Main Support Battalion, Austin, Texas. 
9.  On 13 December 2007, a second Federal Recognition Board was held by the GAARNG to determine if the applicant was qualified to be awarded Federal recognition.  The proceedings indicated that the applicant was satisfactory in her physical qualifications, moral character and general qualifications.

10.  On 13 December 2007, she executed a second Oath of Office as a 2LT in the GAARNG.

11.  On 13 December 2007, the State of Georgia, Department of Defense, Military Division, Ellenwood, Georgia Army National Guard, published Orders 352-003, appointing her in the Army National Guard effective 13 December 2007.

12.  On 15 December 2007, she executed a second Oath of Office as a 2LT in the TXARNG.

13.  On 26 February 2008, National Guard Bureau Federal Recognition Special Orders Number 54 AR, awarded the applicant permanent Federal recognition for initial appointment to the rank of 2LT in the GAARNG, effective 13 December 2005.

14.  On 19 March 2008, National Guard Bureau Federal Recognition Special Orders Number 73 AR, awarded the applicant permanent Federal recognition for her transfer from the GAARNG to the TXARNG, in the rank of 2LT, effective 15 December 2005.

15.  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.  

16.  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. 
17.  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.

18.  National Guard Regulation 600-100, paragraph 10-15b states that temporary Federal Recognition may be granted by a 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.

19.  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 determined 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.

20.  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.  Additionally, Table 2-2 of Army Regulation 135-155 states, in pertinent part, that 2LTs must complete a resident officer basic course to be eligible for promotion to 1LT.

DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant was granted temporary Federal recognition effective 13 August 2005 upon her initial appointment in the GAARNG as a 2LT.  At that time, her 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 another GAARNG Federal Recognition Board.  Based on the recommendations of the second Board, the National Guard Bureau issued orders awarding her permanent Federal recognition effective 18 December 2007.  This administrative error denied the applicant both Federal recognition effective 13 August 2005 and promotion to 1LT on 13 August 2007.  

3.  It is clear that an administrative error denied her permanent Federal recognition effective 13 August 2005.  Based on applicable law and regulation, she is entitled to have her Federal recognition orders amended to show the effective date of permanent Federal recognition in the rank of 2LT as 13 August 2005 and to be issued a Certificate of Appointment, that reflects her correct date of appointment.

4.  Furthermore, had the applicant's Federal recognition date been correct, the applicant would have been promoted to 1LT effective 13 August 2007.  Therefore, the applicant is entitled to have a new Federal recognition order promoting her to 1LT effective 13 August 2007 and to receive back pay and allowances as a result of her promotion to 1LT.

5.  Evidence of record further shows that the applicant requested an Inter-State transfer from the GAARNG to the TXARNG.  She was appointed in the TXARNG and executed an initial oath of office on 8 November 2006.  It appears that due to yet another administrative oversight, she was not extended Federal recognition for this transfer until 19 March 2008.  Therefore, she is entitled to correction of her records to have her Federal recognition orders amended to show the effective date of her transfer Federal recognition as 8 November 2006.

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 all Department of the Army records of the individual concerned be corrected by:

	a.  amending Federal Recognition Special Orders Number 54 AR, dated
26 February 2008, to show that she was extended Federal recognition effective 13 August 2005 in the grade of 2LT;

	b.  issuing the applicant a Certificate of Appointment that reflects her correct date of appointment, 13 August 2005; 

	c.  amending Federal Recognition Special Orders Number 73 AR, dated 19 March 2008 to show she was extended Federal recognition for transfer from the GAARNG to the TXARNG, in the rank of 2LT, effective 8 November 2006;

	d.  issuing the applicant a new Federal recognition order that shows she was promoted to 1LT with an effective date of rank 13 August 2007; and

	e.  restoration of back pay and allowances as a result of her promotion to 1LT.



							RML
      ______________________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20080004485



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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