BOARD DATE:	  27 August 2009

		DOCKET NUMBER:  AR20090009933 


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 her initial appointment effective date and second lieutenant (2LT) date of rank (DOR) be adjusted to 10 March 2006; and that her first lieutenant (1LT) DOR be adjusted accordingly.

2.  The applicant states, in effect, she was originally commissioned as a 2LT in the Georgia Army National Guard (GAARNG) in the Quartermaster (QM) Corps on 10 March 2006; however, she served as a Medical Service (MS) Corps officer since this original appointment.  As a result, she is requesting her MS Corps appointment date and 2LT DOR be adjusted to the original appointment date of 10 March 2006.  She further requests that her 1LT DOR also be adjusted accordingly.

3.  The applicant provides the following documents in support of her application:  GAARNG memorandum, dated 2 January 2009; National Guard Bureau (NGB) Special Orders Number 151 AR, dated 17 June 2008; GAARNG Orders Number 162-011, dated 10 June 2008; DA Forms 1059 (Service School Academic Evaluation Report); NGB Special Orders Number 75 AR, dated 29 March 2007; DA Form 67-9 (Officer Evaluation Report); Department of Defense (DOD) Military Division Orders Number 268-037, dated 25 September 2006; DA Forms 5074-1-R (Record of Award of Entry Grade Credit-Health Services Officers); NGB Special Orders Number 242 AR, dated 21 September 2006; NGB Forms 337 (Oaths of Office); NGB Forms 89 (Federal Recognition Examining Board); DOD Military Division Orders Number 081-004, dated 22 March 2006; DOD Military Defense Orders Number 075-035, dated 16 March 2006; and GANG Form 0147-E (Notification of Acceptance of Officer/Warrant Officer).

CONSIDERATION OF EVIDENCE:

1.  On 21 November 2005, a Federal recognition board was held by the GAARNG to determine if the applicant was qualified to be awarded Federal recognition as a 2LT in the QM Corps.  The proceedings indicated that the applicant was satisfactory in her physical qualifications, moral character, and general qualifications.

2.  On 10 March 2006, the applicant executed the oaths of office as a 2LT in the GAARNG and was granted temporary Federal recognition.

3.  The applicant's records show she had graduated from an accelerated Officer Candidate School (OCS) that was conducted at Fort McClellan, Alabama, from 14 January 2006 through 11 March 2006.

4.  On 11 March 2006, the applicant was appointed as a 2LT in the GAARNG through OCS into the QM Corps.  On that same date, the applicant again executed the oaths of office as a 2LT in the GAARNG and was granted temporary Federal recognition.

5.  There is no indication that the applicant was granted permanent Federal recognition.

6.  On 21 September 2006, a Federal recognition board was held by the GAARNG to determine if the applicant was qualified to be awarded Federal recognition as a 2LT in the MS Corps.  The proceedings indicated that the applicant was satisfactory in her physical qualifications, moral character, and general qualifications.

7.  On 21 September 2006, the applicant executed the oaths of office as a 2LT in the GAARNG and was granted Federal recognition.

8.  On 21 September 2006, the NGB published Special Orders Number 242 AR extending the applicant Federal recognition for initial appointment as a QM Corps in the rank of 2LT effective 11 March 2006.

9.  On 12 January 2007, a DA Form 5074-1-R (Record of Award of Entry Grade Credit [Health Services Officers]) was completed on the applicant.  This document shows the applicant was awarded 3 months and 6 days of total prior service credit and entry grade based on her prior service in the ARNG QM branch.  As a result the applicant's date of rank to 2LT in the MS branch should have been adjusted to 15 June 2006.

10.  On 29 March 2007, the NGB published Special Orders Number 75 AR extending the applicant Federal recognition for reappointment from the QM Corps to the MS Corps in the rank of 2LT effective 21 September 2006.

11.  On 17 June 2008, the NGB published Special Orders Number 151 AR extending the applicant Federal recognition for her promotion to 1LT in the GAARNG effective 15 June 2008.

12.  In connection with the processing of this case, an advisory opinion was requested of and received from the Chief, Personnel Division, NGB.  This official stated he recommended a disapproval of the applicant's request that her appointment date and DOR in the MS Corp be adjusted to 10 March 2006.  He stated that by regulation before appointment to MS Corps an OCS graduate must be boarded through the U.S. Army Recruiting Command (USAREC) to determine his or her eligibility.  He also stated that the applicant was boarded through USAREC in September 2006 at which time she was appointed in the MS Corps.  Army Regulation 135-101 (Appointment Of Reserve Commissioned Officers for Assignment to Army Medical Department Branches) states in pertinent part that an officer with prior commissioned service in a non-medical branch will get 1 half day of constructive credit for each day of prior commissioned service.  Therefore, based on the applicant's prior 6 months and 10 days of commissioned service, she was entitled to 3 months and 5 days of constructive credit.  Based on her constructive credit, her DOR was adjusted to 15 June 2006.

13.  On 9 June 2009, a copy of this advisory opinion was forwarded to the applicant in order for her to have the opportunity to rebut its contents.  To date, no response has been received from the applicant.

14.  National Guard Regulation 600-100 provides procedures for processing 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 ARNG of the United States if they have not already accepted such appointment.



15.  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.

16.  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 6 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.

17.  National Guard Regulation 600-100, paragraph 10-15b, states that temporary Federal recognition may be granted by a Federal recognition board 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 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.

18.  DOD Instruction (DODI) 6000.13, dated 30 June 1997, subject:  Medical Manpower and Personnel, provides the policy on awarding constructive credit.  Paragraph 6.1 states that a prospective heath profession officer’s entry grade and rank shall be determined by the number of years of entry-grade credit awarded on original appointment, designation, or assignment  as a health professions officer.  The entry-grade credit to be awarded shall equal the sum of constructive service credit and prior commissioned service credit except in cases when the totals exceed the maximum credit allowed.  It further stipulates that a period of time shall be counted only once.

19.  DODI 6000.13, paragraph 6.1.1 (Prior Commissioned Service Credit), provides guidance on prior commissioned service credit.  It states, in pertinent part, that credit for prior service as a commissioned officer (other than commissioned warrant officer) shall be granted to recognize previous commissioned experience.  It further stipulates that the Secretaries shall establish procedures that ensure the awarding of prior commissioned service credit is applied in an equitable and consistent manner.

20.  Paragraph 6.1.1.2 of the same DODI states, in pertinent part, that 1 half day of constructive service credit will be awarded for service on active duty or in an active status as a commissioned officer performed not in the corps or professional specialty in which being appointed in the case of individuals seeking an original appointment as a health professions officer.

21.  Army Regulation 135-155 (Army National Guard and U.S. Army Reserve Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes policy and procedures used for selecting and promoting commissioned officers (other than commissioned warrant officers) of the Army National Guard of the United States and of commissioned and warrant officers (WO) of the U.S. Army Reserve.  Table 2-1 establishes the time in grade requirement for officer promotions and it states, in pertinent part, that the minimum time in grade for promotion to 1LT is 2 years in the lower grade.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her DOR to 2LT in the MS branch should be changed to 10 March 2006, the date she was originally commissioned in the QM Corps, was carefully considered.  However, there is insufficient evidence to support this claim.

2.  By regulation, prior to appointment to the MS Corps, an OCS graduate must be boarded through USAREC to determine his or her eligibility.  The evidence of record confirms the applicant was boarded through USAREC in September 2006, at which time she was appointed a 2LT in the MS Corps.  The governing regulation further provides for constructive service to be granted to MS officers for prior commissioned officer service in a non-medical branch.  This credit is established as 1 half day of constructive credit for each day of prior commissioned service.

3.  In this case, the evidence of record shows the applicant was granted 3 months and 6 days of constructive service credit upon her appointment in the MS Corps based on her prior 6 months and 10 days of commissioned service in the QM Corps in accordance with the applicable regulation.  Therefore, there is an insufficient evidentiary basis to support a further change to her DOR based on her prior commissioned service and relief in this case would not be appropriate.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________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)                                         AR20090009933



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090009933



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1