IN THE CASE OF:
BOARD DATE: 15 September 2009
DOCKET NUMBER: AR20090011199
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 initial appointment date be corrected and that he be promoted to first lieutenant (1LT).
2. The applicant states, in effect, he did not receive permanent Federal recognition in a timely manner. This delayed his promotion to 1LT. The initial error was not identified until he was finally promoted. The date of rank (DOR) for second lieutenant (2LT) should be corrected from 11 February 2009 to 29 August 2007. His DOR as a 1LT should be "29" February 2009.
3. The applicant provides, in support of his request, copies of;
a. National Guard Bureau (NGB) 337 (Oaths of Office) as a 2LT, dated 29 August 2007;
b. Pennsylvania Department of Military and Veterans Affairs Orders 243-1000, dated 31 August 2007;
c. DA Form 1059 (Service School Academic Evaluation Report), dated
9 June 2008;
d. NGB 89 (ARNG Proceedings of a Federal Recognition Examining Board), dated 11 February 2009;
e. NGB 337 as a 2LT, dated 29 February 2009;
f. Pennsylvania Department of Military and Veterans Affairs Orders 073-1001, dated 14 March 2009;
g. NGB Special Orders Number 123 AR, dated 18 May 2009; and
h. NGB 89 (Proceedings of a Federal Recognition Examining Board) as a 2LT, dated 29 August 2007
CONSIDERATION OF EVIDENCE:
1. On 7 August 2007, the Pennsylvania Army National Guard (PAARNG) approved the proceedings of a Federal Recognition Examining Board and issued orders appointing the applicant a 2LT. He signed an oaths of office on
29 August 2007.
2. The applicant completed the Infantry Basic Officer Leadership Course on
9 June 2008.
3. The PAARNG approved the proceedings of a second Federal Recognition Examining Board, on 11 February 2009, and issued orders appointing the applicant a 2LT. He signed an oaths of office that same day.
4. National Guard Regulation (NGR) 600-100, paragraph 2-2 provides that the effective date of Federal recognition is the date the officer concerned signs the oaths of office. Paragraph 2-13 provides that temporary Federal recognition may be extended to an officer who has been appointed in the Army National and found qualified by a Federal recognition board pending final appointment as a Reserve commissioned officer of the Army. Temporary Federal recognition expires after 6 months but can be renewed if the delay is due to no fault of the individual.
5. Paragraph 10-15b of the regulation that states 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 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 application 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.
6. A 19 August 2008 memorandum from the Office of the Assistant Secretary of the Army for Manpower and Reserve Affairs (ASA R&RA) and NGB Policy Memorandum Number 08-035, effective 19 August 2008, established the promotion policy for Reserve Component 2LT's as a minimum of 18 months time in grade and completion of a Basic Officer Leadership Course.
7. During the processing of this case an advisory opinion was obtained from the NGB. The Chief, Personnel Division recommended that the applicant's requests be approved and that he be authorized any back pay accruing as the result of those changes.
8. The advisory opinion was forwarded to the applicant for concurrence of comment. No response was received.
DISCUSSION AND CONCLUSIONS:
1. Through no fault of his own, the applicant did not receive permanent Federal recognition to 2LT in a timely manner. His initial Federal recognition was, therefore, redone 16 months after he actually completed the oaths of office.
2. He completed a Basic Officer Leadership Course approximately 15 months after his initial Federal recognition and should have been promoted after 18 months of service.
3. The applicant's initial appointment should be corrected to 29 August 2007 and he should be promoted to 1LT with an effective date and a date of rank of
28 February 2009 (2009 was not a leap year). He should receive any pay and allowances accruing as a result of that promotion.
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 initially appointed and granted Federal recognition effective 29 August 2007; that he was promoted to 1LT effective 28 February 2009 with that date of rank and granted Federal recognition; and that he be authorized to receive any back pay and allowances accruing to him as the result of these changes.
_______ _ 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) AR20090011199
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ABCMR Record of Proceedings (cont) AR20090011199
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