IN THE CASE OF:	  

		BOARD DATE:	  27 October 2009

		DOCKET NUMBER:  AR20090005118 


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 that his date of rank (DOR) as a second lieutenant (2LT) be changed to reflect 30 November 2006 and his DOR as a first lieutenant (1LT) be changed to 19 August 2008.

2.  The applicant states, in effect, that his Federal recognition for appointment to the rank of 2LT was not processed to completion and it was not until he was due to be promoted to the rank of 1LT that it was discovered, thus denying him promotion and Federal recognition to the rank of 1LT on time.

3.  The applicant provides a listing of supporting documents on his on-line application.

CONSIDERATION OF EVIDENCE:

1.  After serving 4 years, 2 months, and 3 days of total active service as a psychological operations specialist, the applicant was honorably released from active duty in the pay grade of E-5 on 20 January 2004.  He was transferred to the United States Army Reserve (USAR) Control Group to complete his statutory service obligation.

2.  On 17 November 2005, he enlisted in the Pennsylvania Army National Guard (PAARNG) and he submitted his application on 5 October 2006 for Federal recognition as a National Guard 2LT.  On 29 November 2006, he was honorably discharged from the PAARNG to accept an appointment as a commissioned officer.
3.  A Federal Recognition Examining Board was convened at Fort Indiantown Gap, Pennsylvania, on 29 November 2006.  The board found that the applicant was qualified for appointment and recommended that he be granted Federal recognition.

4.  On 30 November 2006, the applicant was appointed as a 2LT in the PAARNG.  However, there is no evidence in the available records to show that he was granted Federal recognition.

5.  The applicant attended the Adjutant General Corps officer basic course from 23 May to 1 August 2007 and achieved course standards.

6.  On 17 October 2008, orders were published which promoted the applicant to the rank of 1LT effective 19 August 2008.

7.  However, on 19 November 2008, the applicant again took his oaths of office as a 2LT and again submitted an application for Federal Recognition.  On 20 November 2008, a Federal Recognition Examining Board found that he was qualified for appointment and recommended that he be granted Federal recognition.  Again, there is no evidence to show that he was ever granted Federal recognition.

8.  On 28 May 2009, orders were published that ordered the applicant to full-time National Guard duty in the Active Guard Reserve (AGR) Program in the rank of 2LT.

9.  In the processing of this case, a staff advisory opinion was obtained from the National Guard Bureau (NGB) which recommends approval of the applicant's request to be promoted and granted Federal recognition for the rank of 2LT effective 30 November 2006 and for the rank of 1LT effective 19 August 2008 because National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions) provides that the effective date of Federal recognition for original appointment is the date the commissioned officer executes his or her oaths of office in the State.  The advisory opinion was provided to the applicant for comment and he concurred with the opinion as written.

10.  National Guard Regulation 600-100 provides, in pertinent part, that the effective date of Federal recognition for original appointment is the date on which the commissioned officer executes the oaths of office in the State.

11.  NGB Personnel Policy Memorandum 08-035, dated 25 November 2008, and Department of the Army, Office of the Assistant Secretary of the Army (Manpower and Reserve Affairs) Memorandum, dated 19 August 2008, state in pertinent part that “This memorandum establishes Department of the Army Policy authorizing Reserve Component 2LTs on the Reserve Active Status List (RASL) to be promoted to 1LT with a minimum of 18 months time in grade (TIG) and completion of the Basic Officer Leadership Course if otherwise qualified.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant executed his original oaths of office as a 2LT on 30 November 2006 and for reasons that are not explained in the available records, his application for permanent Federal recognition was not forwarded to the appropriate authorities for final action.

2.  As a result, the applicant’s permanent Federal recognition has been unduly delayed through no fault of the applicant.  Consequently, the applicant’s permanent Federal recognition and subsequent promotion to the rank of 1LT have been unnecessarily delayed.

3.  However, had the application for permanent Federal recognition been properly and timely processed, the applicant’s date of rank for 2LT would have been 30 November 2006 and his date of rank for promotion to the rank of 1LT would have been 19 August 2008.

4.  Accordingly, it would be in the interest of justice at this time to correct the applicant’s records by showing that he was granted permanent Federal recognition in the rank of 2LT effective 30 November 2006 and that he was promoted to the rank of 1LT effective 19 August 2008 with entitlement to all back pay and allowances that flow from this change.

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 showing that he was granted permanent Federal recognition in the rank of 2LT effective 30 November 2006 and that he was promoted to the rank of 1LT with a date of rank and effective date of 19 August 2008 and granted Federal recognition effective 19 August 2008 with entitlement to all back pay and allowances that flow from this change.



      ____________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)                                         AR20090005118



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ABCMR Record of Proceedings (cont)                                         AR20090005118



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