IN THE CASE OF:	  

		BOARD DATE:	  25 August 2009

		DOCKET NUMBER:  AR20090009791 


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 adjustment of his initial effective date of appointment and date of rank (DOR) to second lieutenant (2LT) from 5 December 2008 to 17 May 2007 and promotion to first lieutenant (1LT) effective 17 November 2008.

2.  The applicant states he did not receive permanent Federal recognition within 6 months of his appointment as a 2LT, thus delaying his promotion to 1LT.

3.  The applicant provides his Oath of Office, his original appointment order, and two memorandums from the Oklahoma Army National Guard (OKARNG).

CONSIDERATION OF EVIDENCE:

1.  The OKARNG approved the proceedings of a Federal Recognition Examining Board (FRB) on 17 May 2007, and the applicant executed an Oath of Office on the same date.  A State Order was published on 18 May 2007 appointing the applicant as a 2LT chaplain effective 17 May 2007.

2.  The applicant completed the Chaplain Basic Officer Leader’s Course on 4 April 2008.

3.  There is no indication in the applicant’s records that he was granted permanent Federal recognition for his initial appointment.


4.  On 2 December 2008, the OKARNG published a promotion order promoting the applicant to 1LT, effective 17 November 2008.  The promotion did not take effect because the applicant had never been granted permanent Federal recognition in 2007.

5.  On 2 December 2008, a second FRB was held by the OKARNG.  On 5 December 2008, Orders 340-052 appointed the applicant in the OKARNG as a Chaplain 2LT, effective 5 December 2008.  Permanent Federal recognition was extended by Federal Recognition Order Number 10 AR, dated 13 January 2009, with a date of appointment of 5 December 2008.

6.  In the processing of this case, an advisory opinion was obtained on 5 June 2009.  The Chief of Personnel Division, National Guard Bureau, recommended approval of the applicant’s request to adjust his initial appointment date to 17 May 2007 and to promote him to 1LT effective 17 November 2008.  On 16 June 2009, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  The applicant concurred with the information provided.

7.  National Guard Regulation 600-100 (Commissioned Officers - 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.  

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 oaths 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 an FRB 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 FRB 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 FRB to those eligible when the board finds that the member has successfully passed the examination prescribed herein, 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 FRB 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.

11.  National Guard Bureau 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, dated19 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 contends that his records should be corrected to show he was extended Federal Recognition for initial appointment as a 2LT on 17 May 2007 and promotion to 1LT on 17 November 2008.

2.  The evidence of record shows that the applicant was granted temporary Federal Recognition effective 17 May 2007 upon his initial appointment in the OKARNG and execution of the oath of office.  At that time, his complete Federal Recognition packet and allied documents should have been forwarded to The Adjutant general, State of Oklahoma, for endorsement to the NGB for extension of permanent Federal recognition.  Through no fault of the applicant, this action was not taken. 

3.  Subsequently, the applicant's Federal Recognition packet was considered by another OKARNG FRB.  Based on the recommendations of the second Board, NGB issued orders awarding him permanent Federal Recognition effective 5 December 2008.  This administrative error denied the applicant both Federal Recognition effective 17 May 2007 and promotion to 1LT, 18 months later, on 17 November 2008.

4.  It is clear that an administrative error denied him permanent Federal Recognition effective 17 May 2007.  Based on applicable law and regulation, he is entitled to have his Federal Recognition orders amended to show the effective date of permanent Federal Recognition in the rank of 2LT as 17 May 2007.

5.  Furthermore, had the applicant's Federal recognition date been correct, he would have been promoted to 1LT effective 17 November 2008.  Therefore, the applicant is entitled to have Federal Recognition orders issued to grant him Federal Recognition for promotion to 1LT with an effective date and date of rank as 17 November 2008 and to receive back pay and allowances as a result of correction of his initial appointment and promotion to 1LT.

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

	a.  amending Federal Recognition Special Orders Number 10 AR, dated 13 January 2009, to show he was extended Federal Recognition in the grade of 2LT effective 17 May 2007; 


	b  issuing Federal Recognition Special Orders to show he was extended Federal Recognition for promotion to 1LT effective 17 November 2008; and

	c.  restoration of back pay and allowances as a result of these 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)                                         AR20090009791





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090009791



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1