IN THE CASE OF:	  

		BOARD DATE:	  16 June 2009

		DOCKET NUMBER:  AR20090003407 


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 National Guard Bureau (NGB) Special Orders 46, dated 2 March 2009, be amended to show he was initially granted Federal Recognition effective 20 March 2007.  Additionally, he requests that his date of rank to second lieutenant (2LT) be adjusted to 20 March 2007 and  his date of rank to first lieutenant (1LT) be adjusted to 21 September 2008.  Further, he requests all pay and allowances due to him based on these corrections.

2.  The applicant states that he should have received Federal Recognition for his initial appointment as a 2LT on 20 March 2007.  He maintains that based on this oversight, his promotion to 1LT was unjustly delayed.  

3.  The applicant provides a copy of a National Guard Bureau (NGB) Form 89 (Proceedings of a Federal Recognition Board), dated 20 March 2007; Special Orders Number 46 AR, dated 2 March 2009; Orders 295-1005, dated 21 October 2008; a Memorandum, subject:  Reduction in the Time and Grade (TIG) Requirement for Promotion of Reserve Component Officers, dated 19 August 2008; an Oath of Office, dated 21 March 2007; Orders 086-1038, dated 27 March 2007; and a DA Form 1059 (Service School Academic Evaluation Report (AER)).

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a 2LT in the Pennsylvania Army National Guard (PAARNG) on 20 March 2007.  He accepted his appointment and executed his Oath of Office on the same day.  He was apparently granted temporary Federal Recognition.

2.  Orders 295-1005, dated 21 October 2008, show that the applicant was promoted to 1LT on 21 September 2008.  However, Special Orders Number 46, dated 2 March 2009, show that the applicant was granted Federal Recognition as an initial appointment in the rank of 2LT on 19 November 2008.  

3.  Memorandum, subject:  Reduction in the TIG Requirement for Promotion of Reserve Component Officers, dated 19 August 2008, established Department of the Army policy authorizing Reserve component 2LTs on the reserve active-status list to be promoted with a minimum of 18 months TIG and completion of Basic Officer Leadership Course, if otherwise qualified.  The memorandum stated that commanders and State Adjutant Generals retain the authority to disapprove promotions.

4.  The applicant's Integrated Personnel Electronic Records Management System (iPERMS) shows his rank as 2LT with a date of rank of 21 March 2007. 

5.  In the processing of this case, an advisory opinion was obtained from the Chief, Personnel Division, NGB, Arlington, Virginia.   The Chief, Personnel Division recommended approval of the applicant's request to adjust his initial appointment date to 21 March 2007.  He also recommended adjustment of the applicant's promotion to 1LT effective 21 September 2008 and all back pay and allowances.  The Chief, Personnel Division, cited the excerpts from the National Guard Regulation 600-100 as justification for approval.  

6.  The advisory opinion was forwarded to the applicant for his concurrence and or comments.  On 4 May 2009, the applicant concurred with the advisory opinion.

7.  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 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.

8.  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.

9.  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.

10.  National Guard Regulation 600-100, paragraph 10-15b states that temporary Federal Recognition may be granted by an 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 applicant's records indicate that he was granted temporary Federal Recognition effective 20 March 2007 upon his initial appointment in the PAARNG as a 2LT.  At that time, his Federal Recognition packet and allied documents 

should have been forwarded to the Adjutant General of the State of Pennsylvania.  For whatever reason, it appears that the applicant's Federal Recognition packet was not processed in a timely manner which resulted in a delay of his Federal Recognition to 2LT until 19 November 2008.  

2.  From the foregoing, it is clear that an administrative error denied the applicant Federal Recognition effective 20 March 2007.  Therefore, based on applicable law and regulation, the applicant is entitled to have Federal Recognition Special Orders Number 46 AR, dated 2 March 2009, amended to show the effective date of permanent Federal Recognition in the grade of 2LT is 20 March 2007.

3.  Additionally, the correction of his date of Federal Recognition to 2LT 
(20 March 2007) would entitle him to be promoted to 1LT effective 18 months later (21 September 2008).  Orders 295-1005, dated 21 October 2008, promoting the applicant to 1LT contain the correct effective date; however, it appears that the order was published prematurely.  A review of the applicant's iPERMS still shows his rank as 2LT.  

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:

   a.  amending Federal Recognition Special Orders Number 46 AR dated 
2 March 2009 to show that he was extended Federal Recognition as a 2LT effective 20 March 2007; 

   b.  showing he was promoted to 1LT and granted Federal Recognition as a 1LT effective and with a date of rank of 21 September 2008; and 
   
   
c.  by showing he is entitled to all pay and allowances based on the above corrections.




      _______ _  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)                                         AR20090003407





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ABCMR Record of Proceedings (cont)                                         AR20090003407



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