IN THE CASE OF:	  

		BOARD DATE:	        29 January 2009

		DOCKET NUMBER:  AR20080009569 


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 the effective date and date of rank (DOR) on her Federal recognition order for initial appointment in the Guam Army National Guard (GUARNG) be adjusted from 21 October 2007 to 25 April 2007 with entitlement to back pay and allowances as a result of this correction.

2.  The applicant states, in effect, that she was appointed in the GUARNG on 25 April 2007 and that her temporary Federal recognition expired after 6 months due to an administrative error.

3.  The applicant provides a copy of a memorandum, dated 20 April 2007, listing the Results of April 2007 Army Medical Department (AMEDD) Accession Board for the ARNG; copies of two oaths of office, dated 25 April 2007 and 21 October 2007; a copy of National Guard Bureau (NGB) Special Orders Number 19 AR, dated 23 January 2008; a copy of the GUARNG Medical Detachment, Unit Manning Report, dated 30 May 2008; and a copy of her DA Form 1059 (Service School Academic Evaluation Report), dated 4 August 2008, in support of her request.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show she attended the University of Guam from 1 June 1998 through 2 June 2002 and was awarded a Bachelor of Science in Nursing degree.  Her records also show she subsequently worked as a staff nurse at Guam Memorial Hospital from November 2002 to February 2007.

2.  On 22 February 2007, the applicant submitted an application for Federal recognition as an ARNG officer in the GUARNG.

3.  On 20 April 2007, the Director of Health Services sent a memorandum to the various ARNG Medical Recruiting Battalions, stating that the applicant was selected by the 13 April 2007 AMEDD Accession Board in the Army Nurse Corps. 

4.  On 25 April 2007, the Joint Forces Headquarters, GUARNG, Barrigada, Guam, published Orders 117-01 appointing the applicant as a first lieutenant (1LT) in the GUARNG and granting her temporary Federal recognition.  

5.  On 25 April 2007, the applicant accepted her appointment as a 1LT in the GUARNG and executed an oath of office on the same date.

6.  On 24 May 2007, a Federal Recognition Board was held by the GUARNG 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.  

7.  On 4 August 2007, the applicant completed the AMEDD Officer Basic Course.

8.  There is no evidence that the applicant received permanent Federal recognition as a 1LT from the NGB within the six month period required by National Guard/Army Regulations.  As a result, her temporary Federal recognition expired.

9.  On 21 October 2007, the applicant executed a second oath of office as a 1LT in the GUARNG.  

10.  On 22 October 2007, a second Federal Recognition Board was held by the GUARNG 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.

11.  On 27 November 2007, the Joint Forces Headquarters, GUARNG, Barrigada, Guam, published Orders 331-23, again appointing the applicant as a 1LT in the GUARNG and granting her temporary Federal recognition effective 21 October 2007 and with a DOR as 19 April 2007.



12.  On 14 January 2008, NGB published Federal recognition Orders Number 19 AR, extending the applicant permanent Federal recognition for initial appointment as a 1LT in the GUARNG, effective 21 October 2007.

13.  An advisory opinion was obtained in the processing of this case on 1 December 2008.  The Acting Chief, Personnel Division, NGB, recommended approval of the applicant's request to adjust her initial date of appointment from 21 October 2007 to 25 April 2007 and indicated that her DOR remains as 19 April 2007 due to the Office of the Surgeon General (OTSG) determination.  This date is prior to her requested date of 25 April 2007 and is based on the fact that she executed an oath of office upon her graduation from the Army National Guard Officer Candidate School. 

14.  A copy of the advisory opinion was furnished to the applicant on 9 December 2008; however, the applicant did not respond. 

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 ARNG 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was granted temporary Federal recognition effective 25 April 2007 upon her initial appointment in the GUARNG as a 1LT.  At that time, her Federal recognition packet and allied documents should have been forwarded to the Adjutant General of the Commonwealth of Guam for endorsement to the NGB 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 GUARNG Federal Recognition Board.  Based on the recommendations of the second GUARNG Federal Recognition Board, the NGB issued orders awarding the applicant permanent Federal recognition effective 21 October 2007.

3.  From the foregoing, it is clear that an administrative error denied the applicant Federal recognition effective 25 April 2007.  Therefore, based on applicable law and regulation, the applicant is entitled to have Federal Recognition Order Number 19 AR amended to show the effective date of permanent Federal recognition in the grade of 1LT as 25 April 2007 and to receive back pay and allowances as a result of this correction.

4.  With respect to the applicant’s DOR, based on information provided in the advisory opinion, it appears that the applicant graduated from the ARNG Officer Candidate School and executed an oath of office on 19 April 2007.  OTSG determined that this date should be her DOR.  There is no objection in correcting the applicant’s DOR to 19 April 2007 vice the requested 25 April 2007.
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, dated 23 January 2008 to show that she was extended Federal recognition effective 25 April 2007 in the grade of 1LT with a date of rank of 19 April 2007 and restoration of back pay and allowances as a result of this adjustment. 




															XXX
      _______ _   _______   ___
       	   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)                                         AR20080009569



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080009569



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1