IN THE CASE OF:	

		BOARD DATE:	  24 September 2008

		DOCKET NUMBER:  AR20080006717 

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 date of rank (DOR) to lieutenant colonel (LTC) be adjusted from 21 October 2007 to 9 April 2007 (this is accepted as a request to correct his National Guard Federal Recognition order [initial appointment], dated 23 January 2008, in the grade of lieutenant colonel [LTC] to show the effective date 9 April 2007).  

2.  The applicant requests that his DOR be further adjusted to 11 April 2005.

3.  The applicant states that he took his first oath of office on 9 April 2007, and that the constructive service credit he was awarded should have established his DOR as 11 April 2005.

4.  The applicant provides a copy of his two oaths of office, his Federal Recognition order, an e-mail from a chief warrant officer (CWO) from the Army National Guard (ARNG), and excerpts from his military records.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show he was awarded total constructive service credit as a physician of 29 years, 6 months, and 6 days.  However, he was granted an adjusted total entry grade credit of 21 years.  He was administered the oath of office as a LTC by a major general on 9 April 2007.  He was administered a second oath of office as a LTC by the same major general on 21 October 2007.

2.  On 23 January 2008, Special Orders  Number 19 AR was published affording the applicant Federal Recognition in the rank of LTC, with an effective date and DOR of 21 October 2007.



3.  In the e-mail submitted by the CWO it was stated that the applicant took his oath of office in April 2007, and was afforded temporary Federal Recognition.  The Federal Recognition packet was forwarded to the National Guard Bureau in June 2007.  For an undisclosed reason, action wasn’t taken on the packet and the applicant had to take a second oath of office and had to be afforded temporary Federal Recognition a second time.

4.  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, National Guard Bureau 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.  

5.  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. 

6.  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.

7.  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, National Guard Bureau extends permanent Federal Recognition to the member in the grade and branch in which the member is qualified.

8.  Army Regulation 135-101 provides the policy and sets forth the procedures for the Reserve appointment of Army Medical Department (AMEDD) officers with or without a concurrent call to active duty.  General provisions for entry grade determination specify that entry grade credit will (except as limited by maximum credit limits) be the sum of constructive credit plus credit for prior service.  Constructive credit for professional experience and advanced (not basic qualifying) degrees is awarded on a basis of 1/2 year credit per year of experience with a total of 6 years credit possible in unusual cases.  The maximum entry grade credit for Medical Corps and Dental Corps Officers is normally 14 years.  A basic principle provides that no period of time may be counted more than once.  Entry grade credit is used only to determine entry rank and date of rank, which controls time in grade and promotion eligibility.

9.  Army Regulation 135-101, paragraph 3–2, Determination of entry grade for officers not ordered to active duty, shows that officers granted entry grade credit of 21 to 23 years will be appointed as a LTC.  Officers granted entry grade credit of over 23 years will be appointed as a LTC or colonel, as determined by Headquarters, Department of the Army.

10.  In the processing of this case an advisory opinion was obtained from the Human Resources Command, St. Louis (HRC-STL).  The HRC-STL stated that the applicant’s constructive service was properly calculated.

11.  The applicant was provided a copy of the advisory opinion and opted to submit a response.  In that response he submits a letter he sent to the author of the advisory opinion in which he chronicles the events which transpired in his commissioning process.  The applicant adds that he has had his constructive service credit rectified and an amended DA Form 5074 is being prepared.

DISCUSSION AND CONCLUSIONS:

1.  While the available records do not contain the applicant’s initial Federal Recognition packet, his original oath of office would have established the effective date of permanent Federal Recognition if his Federal Recognition packet had not been lost.  The e-mail from the ARNG CWO verifies that the loss of the applicant’s Federal Recognition packet was through no fault of the applicant.

2.  Subsequent to the loss of the applicant’s first Federal Recognition packet, the applicant was again granted temporary Federal Recognition and his Federal Recognition packet was again forwarded for consideration of permanent Federal recognition.  

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

4.  From the foregoing, it is clear that an administrative error denied the applicant permanent Federal Recognition effective 9 April 2007.  

5.  As such, it would be appropriate to amend Federal Recognition Order Number 19 AR to show the effective date of permanent Federal Recognition in the grade of LTC as 9 April 2007.

6.  As for the applicant’s constructive service credit, the applicant has stated that issue has been administratively corrected.  As such, that issue need not be considered by the Board.

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 amending Federal Recognition Order Number 19 AR to show the effective date of permanent Federal Recognition in the grade of LTC as 9 April 2007.




      _______ _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.
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


ABCMR Record of Proceedings (cont)                                         AR20080006717


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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