IN THE CASE OF:	  

		BOARD DATE:	  
		DOCKET NUMBER:  AR20080010005 


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, her date of rank and appointment date be adjusted from 15 January 2008 to 18 May 2005.

2.  The applicant states, in effect, that her initial appointment packet was not processed within 6-months of initial appointment, causing her Federal Recognition to expire.

3.  The applicant provides a copy of her appointment packet and a copy of her appointment and discharge orders in support of her request.

CONSIDERATION OF EVIDENCE:

1.  The applicant military records show she enlisted in the Michigan Army National Guard (MIARNG) on 22 July 1988.  She was trained as a Health Care Specialist, in military occupational specialty (MOS), 91W.  She was promoted to sergeant (SGT/E-5) effective 3 November 1998.  She served until she was honorably discharged on 17 May 2005, in order to accept a commission in the MIARNG.

2.  On 18 May 2005, the applicant appeared before a Federal Recognition Examining Board (FREB).  She was found to be physically, generally, professionally, and morally qualified for appointment as a second lieutenant        in the Medical Service Corps (MSC).  


3.  The applicant was granted temporary Federal recognition in the MIARNG, as a second lieutenant (2LT/O-1), in the MSC effective 18 May 2005.  She signed her Oaths of Office on the same day.

4.  On 24 May 2005, State of Michigan, Department of Military and Veterans Affairs, Orders 144-002 were published appointing the applicant in the MIARNG as a 2LT/O-1, in the MSC, with an effective date of 18 May 2005.

5.  The applicant attended the AMEDD (Army Medical Department) Officer Basic Course, Class 6-8-C20, (All Corps) 502-05, from 26 September 2005 to 6 December 2005. 

6.  On 15 January 2008, the applicant appeared before an FREB.  She was found to be physically, morally, generally, and professionally qualified for appointment as a 2LT/O-1 in the MSC.  

7.  The applicant was granted temporary Federal recognition in the MIARNG, as a 2LT/O-1, in the MSC effective 15 January 2008.  She signed her Oaths of Office on the same day.  

8.  On 5 February 2008, the State of Michigan, Department of Military and Veterans Affairs, published Orders 036-043 appointing the applicant in the MIARNG as a 2LT/O-1, with an effective date of 15 January 2008. 

9.  On 15 May 2008, Department of the Army and the Air Force, National Guard Bureau (NGB), issued Special Orders Number 126 AR, showing the applicant was extended Federal recognition in the MIARNG, as a second lieutenant with an effective date of 15 January 2008.

10.  In an advisory opinion, the Chief, Personnel Division, Departments of the Army and the Air Force, NGB, reiterated the applicant's request and statement.  

11.  The Chief, Personnel Division, advised that in accordance with National Guard Regulation (NGR) 600-100, chapter 2, paragraph 2-2, the effective date of Federal recognition for an original appointment is the date on which the commissioned officer executes the Oaths of Office in the State.  Additionally paragraph 2-12, 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 an FREB, 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 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 FREB should be convened to consider the request again and grant another new period of temporary Federal recognition, if warranted.

12.  The Chief, Personnel Division, further advised that NGR 600-100, paragraph 10-14 states that temporary Federal recognition may be granted by an FREB to those eligible when the board finds that the member has successfully passed the examination prescribed, 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 FREB will forward the NGB Form 89 and allied documents to the Adjutant General (TAG).  When the member is favorably recommended, TAG 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.  The NGB, Personnel Division, recommended that the applicant's request for her initial appointment date be adjusted from 15 January 2008 to 18 May 2005, and that she be promoted to first lieutenant (1LT/O-2), effective 18 May 2007, with all back pay and allowances as a result of this adjustment.  The recommendation was based on the regulatory authority that supported its decision as well as the Oaths of Office she signed.

14.  The opinion was forwarded to the applicant for her acknowledgement on 24 June 2008 and she concurred with the opinion on 30 June 2008.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant's initial Federal Recognition Examining Board recommended her for appointment in the MIARNG in the rank of second lieutenant with an effective date and date of rank of 18 May 2005.  Through no fault of the applicant, her temporary extension of Federal Recognition expired. 

2.  A second FREB was convened and the applicant was again found qualified for extension of Federal recognition for appointment.  Upon submission of this second appointment request, another Oaths of Office was completed and her date of rank for second lieutenant became 15 January 2008, the date the second oath was administered.  The administrative error in processing and securing the applicant's Federal recognition altered her date of rank through no fault of her own and she should not be penalized for this action.

3.  In view of the circumstances in this case, the applicant is entitled to correction of her records to show she was appointed in the MIARNG and extended Federal recognition as a second lieutenant effective 18 May 2005, and to be promoted to 1LT/O-2, effective 18 May 2007, with entitlement to all back pay and allowances. The applicant is also entitled to nullification of her Oaths of Office, dated 15 January 2008; and revocation of Orders 036-043, dated 5 February 2008.  These documents should be declared void and of no force or effect.  Further, NGB Special Orders Number 126 AR, dated 15 May 2008, should be amended to show that the applicant was appointed in the MIARNG and extended Federal recognition, as a second lieutenant, effective 18 May 2005.

4.  The applicant is also entitled to promotion to 1LT, effective 18 May 2007, with all back pay and allowances, as a result of this correction. 

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 state Army National Guard records and the Department of the Army records of the individual concerned be corrected, as appropriate, by:

	a.  voiding the applicant's Oaths of Office, dated 15 January 2008;

	b.  revoking the State of Michigan, Department of Military and Veterans Affairs, Orders 036-043, dated 5 February 2008;

	c.  amending NGB Special Orders Number 126 AR, dated 15 May 2008, to show that the applicant was appointed in the Michigan Army National Guard and extended Federal Recognition, as a second lieutenant, effective 18 May 2005; and



	d.  showing the applicant was promoted to first lieutenant, effective 18 May 2007, with entitlement to all back pay and allowances.



      _________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)                                         AR20080010005



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ABCMR Record of Proceedings (cont)                                         AR20080010005



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