IN THE CASE OF:	  

		BOARD DATE:	       20 AUGUST 2009

		DOCKET NUMBER:  AR20090011198 


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 records be corrected to show that he received permanent Federal recognition for initial appointment as a second lieutenant in the Pennsylvania Army National Guard National (PAARNG) on 11 August 2007.  The applicant further requests that he be promoted to first lieutenant with all back pay and allowances.

2.  The applicant states, in effect, that he did not receive Federal recognition for his initial appointment as a second lieutenant in a timely manner thus delaying his promotion to first lieutenant.

3.  The applicant provides a DA Form 1059 (Service School Academic Evaluation Report), two National Guard Bureau (NGB) Forms 337 (Oaths of Office), two NGB Forms 89 (Proceedings of a Federal Recognition Examining Board), and appointment orders in support of his application.

CONSIDERATION OF EVIDENCE:

1.  On 7 August 2007, a Federal Recognition Board was held by the PAARNG to determine if the applicant was qualified to be awarded Federal recognition as a second lieutenant.  The proceedings indicated that the applicant was satisfactory in his physical qualifications, moral character, and general qualifications.

2.  On 11 August 2007, the applicant executed the oaths of office in the grade of second lieutenant in the PAARNG and was granted temporary Federal recognition.  PAARNG orders show he was appointed in the ARNG effective 11 August 2007.

3.  There is no evidence that the applicant received permanent Federal recognition as a second lieutenant from the NGB within the 6-month period required by Army National Guard regulations.  As a result, his temporary Federal recognition expired.

4.  On 10 February 2009, a Federal Recognition Board was held by the PAARNG to determine if the applicant was qualified to be awarded Federal recognition as a second lieutenant.  The proceedings indicated that the applicant was satisfactory in his physical qualifications, moral character, and general qualifications.

5.  On 11 February 2009, the applicant executed a second oaths of office as a second lieutenant in the PAARNG and was awarded temporary Federal recognition.  PAARNG orders show he was appointed in the ARNG effective 11 February 2009.

6.  The applicant completed the Basic Officer Leaders Course on 12 March 2009.

7.  NGB Special Orders Number 122 AR, dated 15 May 2009, show the applicant was extended Federal recognition for initial appointment in the grade of second lieutenant effective 11 February 2009.

8.  In the processing of this case, a staff advisory opinion was obtained from the Personnel Division, NGB.  That office recommends approval of the applicant’s request to adjust his initial appointment date to 11 August 2007, that he be promoted to first lieutenant effective 12 March 2009, and that he receive all pay and allowances as a result of his promotion to first lieutenant.  The recommendation is based on National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions), the Department of the Army (DA) memorandum, dated 19 August 2008, and NGB Policy Memorandum Number 08-035, dated 25 November 2008, subject:  Reduction in Time in Grade for Promotion to First Lieutenant from 24 Months to 18 Months.

9.  A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal.  The applicant did not respond within the given time frame.

10.  National Guard Regulation 600-100 provides procedures for processing all applications for Federal recognition.  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.  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 a new period of temporary Federal recognition if warranted.

11.  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.

12.  Table 2-1 of Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers) states that the minimum time in grade as a second lieutenant for promotion to first lieutenant is 2 years.

13.  Table 2-2 of Army Regulation 135-155 states, in pertinent part, that second lieutenants must complete a resident officer basic course to be eligible for promotion to first lieutenant.

14.  An Office of the Assistant Secretary of the Army for Manpower and Reserve Affairs memorandum, dated 19 August 2008, and NGB Policy Memorandum Number 08-035, dated 25 November 2008, established the DA policy authorizing Reserve Component second lieutenants to be promoted with a minimum of 18 months of time in grade and completion of the Basic Officer Leadership Course.  The effective date of promotion will not precede 19 August 2008.



DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant was granted temporary Federal recognition effective 11 August 2007 upon his initial appointment in the PAARNG as a second lieutenant.  At that time, his Federal recognition packet and allied documents should have been forwarded to The Adjutant General of the State of Pennsylvania for endorsement to the NGB for extension of permanent Federal recognition.  Through no fault of the applicant, this action was not taken.

2.  Subsequently, the NGB issued orders extending Federal recognition for initial appointment in the grade of second lieutenant effective 11 February 2009.

3.  From the foregoing, it is clear that an administrative error denied the applicant Federal recognition effective 11 August 2007.

4.  Based on applicable law and regulation, the applicant is entitled to have NGB Special Orders Number 122 AR, dated 15 May 2009, amended to show the effective date of permanent Federal recognition in the grade of second lieutenant is 11 August 2007.

5.  Additionally, based on the above correction and the fact that the applicant successfully completed the Basic Officer Leaders Course on 12 March 2009 and met the time-in-grade requirement for promotion to the grade of first lieutenant, the applicant is entitled to be awarded permanent Federal recognition for promotion to first lieutenant with the effective date 12 March 2009.

BOARD VOTE:

___XX_____  ___XX_____  ____XX____  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 State Army National Guard records and Department of the Army records of the individual concerned be corrected by:

	a.  amending NGB Special Orders Number 122 AR, dated 15 May 2009, to show that he was extended Federal recognition effective 11 August 2007 in the grade of second lieutenant;

	b.  promoting the applicant to the grade of first lieutenant with an effective date and date of rank of 12 March 2009 and granting him Federal recognition as a first lieutenant effective this date; and 

	c.  paying to him any and all back pay and allowances due as a result of these corrections.



      _____________XXX____________
       	     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)                                         AR20090011198



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ABCMR Record of Proceedings (cont)                                         AR20090011198



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