IN THE CASE OF:	   

	BOARD DATE:	   28 August 2008

	DOCKET NUMBER:  AR20080006547


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, correction of Special Orders Number 72, National Guard Bureau, dated 18 March 2008, to show his initial appointment date as 5 January 2005.  He further requests promotion to first lieutenant effective 5 January 2008.
   
2.  The applicant states, in effect that his initial appointment packet was not processed within 6 months of his appointment causing his temporary Federal recognition to expire. 

3.  The applicant provides copies of his Proceedings of a Federal Recognition Examining Board with orders, dated 5 January 2006 and dated 30 August 2007; Special Orders, National Guard Bureau, dated 18 March 2007; and his Service School Academic Evaluation Report, dated 2 May 2006. 

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was a second lieutenant, Infantry, in the Georgia Army National Guard (GAARNG).

2.  On 5 January 2006, a Federal Recognition Board convened.  It found the applicant qualified for appointment and recommended that he be granted Federal recognition.

3.  On 5 January 2006, the applicant took his oath of office as a second lieutenant in the GAARNG and was granted temporary Federal recognition.

4.  Orders, State of Georgia, dated 6 January 2006, assigned the applicant for duty as a platoon leader, Company H, 121st Infantry Regiment, Fort Gillem, Georgia, effective on 5 January 2006.

5.  On 2 May 2006, the applicant completed the Infantry Officer Basic Course at Fort Benning, Georgia.

6.  On 30 August 2007, another Federal Recognition Board convened and again found the applicant qualified for appointment and recommended that he be granted Federal recognition.  The applicant completed another oath of office, as a second lieutenant, on 30 August 2007.   Orders, State of Georgia, dated 
30 August 2007, assigned the applicant for duty as the executive officer [a first lieutenant position], Company H, 121st Infantry Regiment, Fort Gillem, Georgia, effective 30 August 2007.

7.  Special Orders Number 72, National Guard Bureau, dated 18 March 2008, extended Federal recognition to the applicant effective 30 August 2007.

8.  In the processing of this case, an advisory opinion was obtained from the Chief, Personnel Division, National Guard Bureau, Arlington, Virginia.  It recommended that the applicant’s initial appointment date be corrected to read 
5 January 2006.  It further recommended that he be promoted to first lieutenant effective 5 January 2008, and that he receive all back pay and allowances as a result of the promotion.

9.  In accordance with National Guard Regulation (NGR) 600-100, chapter 2, paragraph2-2, the effective date of Federal recognition for original appointment is the date on which the commissioned officer executes the Oaths of Office in the State.  Also, paragraph 2-3a states that temporary Federal recognition upon appointment establishes the authorized grade to be used by all officers in their Federally recognized status.  Paragraph 2-12 states that temporary Federal recognition may be extended to an officer who has been appointed in the Army National Guard (ARNG) of a State and found to be qualified by a Federal recognition board, pending final determination of eligibility and appointed 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 6 months after the effective date of the State appointment.  However, should the initial period of temporary Federal recognition expire, due to administrative processing delays through no fault of the applicant, a subsequent Federal recognition board should be convened to consider the request again and grant another new period of temporary Federal recognition, if warranted.

10.  NGR 600-100, chapter 10, paragraph 10-14, 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 Oaths 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 their proceedings (NGB Form 89) and allied documents to The Adjutant General.  If the member meets the qualifications and requirements for Federal recognition, the Chief, National Guard Bureau extends permanent Federal recognition to the member in the grade and branch in which the member qualified.

11.  On 20 May 2008, the applicant concurred with the advisory opinion.

12.  NGR 600-100 provides, in pertinent part, that second lieutenants will be considered for promotion to first lieutenant prior to reaching 24 months of commissioned service so that they can be promoted timely upon reaching 24 months of commissioned service.  However, they must also be qualified in all other respects.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was found qualified for appointment and recommended for Federal recognition on 5 January 2006.  However, through no fault of his own, his Federal recognition was not granted within the 6-month processing period.  A subsequent Federal Recognition Board again found him qualified for appointment and again recommended him for Federal recognition on 30 August 2007.

2.  The National Guard Bureau agrees that that the applicant should have received Federal recognition effective 5 January 2006.  

3.  In view of the above, the applicant's Georgia Army National Guard Records and the applicant's Department of the Army records should be corrected to show that he received Federal recognition effective 5 January 2006.  

4.  Upon correction of the applicant’s date of Federal recognition, he should be considered by the appropriate authority for promotion to first lieutenant and, if selected, promoted with an effective date and date of rank of 5 January 2008. 


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 the Georgia Army National Guard records and the Department of the Army records of the individual concerned be corrected by:

      a.  showing that he received Federal recognition effective 5 January 2006.  
      b.  considering the applicant for promotion to first lieutenant based on this correction and, if selected for promotion, promoting him with an effective date and date of rank of 5 January 2008; and
      
      c.  notifying him if he is not selected for promotion.





__________ 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)                                         AR20070015723



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ABCMR Record of Proceedings (cont)                                         AR20080006547



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