IN THE CASE OF:	   	

		BOARD DATE:	          18 December 2008

		DOCKET NUMBER:     AR20080006326 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his National Guard Federal Recognition order (initial appointment), dated 19 April 2007, in the grade of second lieutenant be corrected to show the effective date of 21 June 2006.  

2.  The applicant states he was initially appointed as a second lieutenant on 
1 June 2006 in the Puerto Rico Army National Guard (PRARNG) and that he did not receive timely Federal Recognition.  

3.  The applicant provides a copy of his initial appointment packet in support of this application.

CONSIDERATION OF EVIDENCE:

1.  On 21 June 2006, a Federal Recognition Board was held by the PRARNG to determine if the applicant was qualified to be awarded Federal Recognition.  The proceedings indicated that the applicant was satisfactory in his physical qualifications, moral character and general qualifications.  

2.  The applicant accepted an appointment as a second lieutenant in the PRARNG on 21 June 2006.  

3.  On 21 June 2006, the applicant executed an Oath of Office as a second lieutenant in the PRARNG and was granted temporary Federal Recognition.

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

5.  The applicant's records contain a DA Form 1059 (Service School Academic Evaluation Report), dated 12 June 2007, which shows the applicant successfully completed Military Police Officer Basic Course on 12 June 2007.

6.  On 21 March 2007, a second Federal Recognition Board was held by the PRARNG to determine if the applicant was qualified to be awarded Federal Recognition.  The proceedings indicated that the applicant was satisfactory in his physical qualifications, moral character and general qualifications.  

7.  On 21 March 2007, the applicant executed a second Oath of Office as a second lieutenant in the PRARNG and was granted temporary Federal Recognition.

8.  National Guard Bureau Federal Recognition Orders Number 92 AR, dated 19 April 2007, awarded the applicant permanent Federal Recognition for initial appointment to the grade of second lieutenant, effective 21 March 2007.

9.  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 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.  

10.  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. 

11.  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.

12.  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.

13.  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.

14.  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.

15.  Table 2-2 of Army Regulation 135-155 states, in pertinent part, second lieutenants must complete a resident officer basic course to be eligible for promotion to first lieutenant.

DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant was granted temporary Federal Recognition effective 21 June 2006 upon his initial appointment in the PRARNG as a second lieutenant.  At that time, his Federal Recognition packet and allied documents should have been forwarded to The Adjutant General of the Commonwealth of Puerto Rico 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 PRARNG Federal Recognition Board.  

3.  Based on the recommendations of the second PRARNG Federal Recognition Board, the National Guard Bureau issued orders awarding the applicant permanent Federal Recognition effective 21 March 2007.

4.  From the foregoing, it is clear that an administrative error denied the applicant permanent Federal Recognition effective 21 June 2006.  

5.  Based on applicable law and regulation, the applicant is entitled to have Federal Recognition Order Number 92 amended to show the effective date of permanent Federal Recognition in the grade of second lieutenant as 21 June 2006.

6.  Additionally, based on the above correction and the fact that the applicant successfully completed the Military Police Officer Basic Course on 12 June 2007 and met the time-in grade requirement for promotion to the grade of first lieutenant, the applicant is entitled to be awarded permanent Federal Recognition for promotion to first lieutenant effective date 21 June 2008.

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 all Department of the Army records of the individual concerned be corrected by amending Federal Recognition Order Number 92 AR, dated 19 April 2007, to show that he was extended Federal Recognition effective 21 June 2006 in the grade of second lieutenant.

2.  The Board further recommends that the applicant be promoted to the grade of first lieutenant with an effective date of rank of 21 June 2008.




      _______ _ X  _______   ___
       	   CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080006326



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ABCMR Record of Proceedings (cont)                                         AR20080006326



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