IN THE CASE OF:  

		BOARD DATE:          9 December 2008

		DOCKET NUMBER:  AR20080009681 


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 initial appointment effective date be changed from 23 October 2007 to 20 March 2007.  He further requests that his date of rank (DOR) for First Lieutenant (1LT) be adjusted.

2.  The applicant states, in effect, that due to no fault of his own his initial appointment packet was lost or never processed at the National Guard Bureau (NGB) within the 6-month time period allowed and his packet had to be resubmitted, which caused his effective date of appointment to be incorrect on his NGB Federal Recognition Orders.

3.  The applicant provides his NGB Form 22 (Report of Separation and Record of Service) with the ending period 19 March 2007; Arkansas Army National Guard (ARARNG) Orders 115-822, dated 27 April 2007; ARARNG Orders 115-825, dated 25 April 2007; a NGB Form 337 (Oaths of Office), dated 20 March 2007; and NGB Federal Recognition Orders Number 279 AR, dated 8 November 2007.

CONSIDERATION OF EVIDENCE:

1.  The applicant had prior enlisted service in the ARARNG.   

2.  ARARNG Orders, dated 12 August 1999, show that the applicant was appointed as a Second Lieutenant (2LT)/O-1 in the ARARNG with an effective date of 16 August 1999.

3.  NGB Federal Recognition Orders Number 289 AR, dated 15 October 2001, show that the applicant was awarded Federal Recognition for the purpose of promotion to 1LT in the ARARNG effective 16 August 2001.

4.  NGB Federal Recognition Orders Number 247, dated 18 August 2005, show that the applicant was separated from the ARNG and resigned his commission from the Reserve of the Army effective 9 June 2005.  He had served a total of 
5 years, 9 months, and 29 days as a commissioned officer and 3 years, 
9 months, and 23 days as a 1LT.

5.  A DD Form 4/1 (Enlistment or Reenlistment Agreement - Armed Forces of the United States), dated 10 June 2005, shows that the applicant enlisted in the ARARNG for a period of one year.  

6.  ARARNG Orders 115-822, dated 25 April 2007, show that the applicant was discharged from the ARNG and as Reserve of the Army in his enlisted status effective 19 March 2007.

7.  ARARNG Orders 115-825, dated 25 April 2007, show that the applicant was appointed in the ARARNG in the rank and pay grade of 1LT/O2 with an effective date of 20 March 2007 and a DOR of 11 February 2003.

8.  NGB Federal Recognition Orders Number 279 AR, dated 8 November 2007, show that the applicant was awarded permanent Federal recognition for initial appointment as a 1LT in the ARARNG effective 23 October 2007.

9.  ARARNG Orders 303-831, dated 29 October 2008, amended ARARNG Orders 115-825, dated 25 April 2007, to read "Effective Date 20 March 2007" and "ADOR 26 May 2003."

10.  An advisory opinion was obtained from the Chief of the Personnel Division of the National Guard Bureau.  The Chief of the Personnel Division recommended approval of the applicant's request.

11.  The applicant was provided a copy of the advisory opinion for review and comment.  The applicant did not reply to the advisory opinion.

12.  On 17 November 2008, the Chief, Officer Management Section, ARARNG informed a Board analyst that due to no fault of his own, the applicant's appointment packet was not received at NGB for reappointment to 1LT until November 2007.  The office also stated that the applicant met all requirements to be appointed to 1LT at the time of eligibility on 20 March 2007.

13.  On 17 November 2008, an analyst with the Federal Recognition Section, NGB informed a Board analyst that the applicant's initial effective date as a 1LT currently shows as 23 October 2007, with a DOR to be adjusted to 26 May 2003 based on previous commissioned service and further recommended that his 1LT initial effective date be adjusted to 20 March 2007 with entitlement to back pay and allowances as a result of the adjustment.

14.  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 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.  

15.  National Guard Regulation 600-100, paragraph 2-2 states 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 temporary Federal Recognition upon initial appointment establishes the authorized grade to be used by all officers in their federally recognized status. 

16.  National Guard Regulation 600-100, paragraph 2-13 states 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was eligible for reappointment to 1LT on 20 March 2007; however, his appointment packet was not forwarded in a timely manner from his State to NGB.  By all accounts he met all requirements to be appointed to 1LT at the time of eligibility on 20 March 2007.  
2.  The applicant's reappointment was delayed through no fault of his own; therefore, it is concluded that based on a matter of equity the applicant should be granted relief.

3.  In view of the circumstances in this case, the applicant is entitled to an adjustment of his reappointment effective date to 20 March 2007 and adjustment of his DOR in the rank of 1LT to 26 May 2003, based on previous commissioned service with entitlement to back pay and allowances.

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

	a.  amending Federal Recognition Special Orders Number 279 AR, dated 
8 November 2007, to show he was granted Federal Recognition as a 1LT effective 20 March 2007 with a DOR of 26 May 2003; and 

	b.  paying him any back pay and allowances due as a result of these corrections.  



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      _______ _   _______   ___
       	   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)                                         AR20080009681





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ABCMR Record of Proceedings (cont)                                         AR20080009681



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