IN THE CASE OF:	  

		BOARD DATE:	    20 April 2010

		DOCKET NUMBER:  AR20090011205 


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 to second lieutenant (2LT) be changed from 11 February 2009 to 10 October 2007, and that he be promoted to first lieutenant (1LT) effective 10 April 2009.  

2.  The applicant states he did not receive Federal Recognition for his initial appointment to 2LT in a timely manner resulting in a delay of his promotion to 1LT.  This oversight was the result of an administrative error which was brought to his attention when his promotion packet was returned without action by the National Guard Bureau (NGB) due to the lack of initial Federal Recognition.

3.  The applicant provides a DA Form 1059 (Service School Academic Report), NGB Forms 337 (Oaths of Office), NGB Forms 89 (Proceedings of a Federal Recognition Examining Board), State Appointment Orders, and Federal Recognition Orders in support of this application.

CONSIDERATION OF EVIDENCE:

1.  On 10 October 2007, a Federal Recognition Board (FRB) was held by the Pennsylvania Army National Guard (PAARNG) to determine if the applicant was qualified to be awarded Federal Recognition.  The proceedings indicated that the applicant was satisfactory in his physical qualifications, moral character, and general qualifications.  

2.  On 12 October 2007, the PAARNG published Orders 285-1007 appointing the applicant a 2LT in the PAARNG, effective 10 October 2007.  He executed an Oath of Office in the PAARNG on the same date.

3.  The applicant's record contains no indication Federal Recognition was granted for his initial appointment of 10 October 2007.  At the time, a complete Federal Recognition packet and allied documents should have been forwarded to The Adjutant General (TAG) of the State of Pennsylvania for endorsement to the NGB for extension of permanent Federal Recognition.  However, this action was not taken and his temporary Federal Recognition expired.

4.  On 11 February 2009, a second FRB was held by the PAARNG to determine if the applicant was qualified to be awarded Federal Recognition.  The proceedings indicate the applicant was satisfactory in his physical qualifications, moral character and general qualifications.

5.  On 17 March 2009, the PAARNG published Orders Number 076-1001 appointing the applicant in the PAARNG as a 2LT, effective 11 February 2009.  He executed an Oath of Office on the same date.

6.  On 18 May 2009, the NGB published Special Orders Number 123 AR extending the applicant Federal Recognition for permanent initial appointment as a 2LT, effective 11 February 2009.

7.  In connection with the processing of this case, an advisory opinion was obtained from the NGB Chief, Personnel Division.  The NGB recommends approval of the applicant's request to adjust his initial appointment date to 2LT to 
10 October 2007 and the effective date of his promotion to 1LT to 10 April 2009. The opinion indicates the applicant completed the Chaplain Officer Basic Course (OBC) on 18 July 2008.  

8.  The applicant responded to the NGB opinion in an electronic mail (e-mail), dated 17 July 2009.  He pointed out an error in the OBC completion date noted in the NGB advisory opinion and indicated although he completed Phase I of OBC on 18 July 2008 as indicated in the NGB opinion; he was still attending Phase II of OBC and was scheduled to graduate on 28 August 2009.  As a result, the NGB published a revised advisory opinion on 27 July 2009, and amended the recommendation to support only changing the applicant's initial 2LT appointment and Federal Recognition date to 10 October 2007.  The recommendation was denial of the applicant's request for promotion to 1LT with a promotion date of 
10 April 2009 because the applicant had not completed Phase II of OBC.  


9.  On 28 August 2009, the applicant completed Phase II of OBC.

10.  On 24 September 2009, an FRB was held by the PAARNG to determine if the applicant was qualified to be awarded Federal Recognition as a 1LT.  The proceedings indicated the applicant was satisfactory in his physical qualifications, moral character and general qualifications.  He executed an Oath of Office on the same date.

11.  National Guard Regulation (NGR) 600-100 provides the policy for processing applications for Federal Recognition.  It provides the following:

	a.  Paragraph 2-1 – provides that commissioned officers of the ARNG are appointed by 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;

	b.  Paragraph 2-2 – provides the effective date of Federal Recognition for original appointment is the date on which the commissioned officer executes the Oath of Office in the State;  

	c.  Paragraph 2-3a – provides that temporary Federal Recognition upon initial appointment establishes the authorized grade to be used by all officers in their federally recognized status;

	d.  Paragraph 2-13 – provides 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 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; and 


	e.  Paragraph 10-15b – provides 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 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 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.

12.  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, establishes Department of the Army policy for promotion to 1LT.  It states Reserve Component 2LTs on the Reserve Active Status List will be promoted to 1LT with a minimum of 18 months time in grade and completion of OBC if otherwise qualified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show he was extended Federal Recognition for his initial appointment as a 2LT on 10 October 2007 and was promoted to 1LT on 10 April 2009.

2.  The evidence of record shows the applicant was initially granted temporary Federal Recognition and appointed a 2LT in the PAARNG on 10 October 2007; however, due to an administrative error in processing his permanent Federal Recognition packet, due to no fault of the applicant, he was not granted permanent Federal Recognition in the rank of 2LT until 11 February 2009.  Therefore, based on the errors in the processing of his initial Federal Recognition packet, it is appropriate to correct his record to show he was granted permanent Federal Recognition in the rank of 2LT on 10 October 2007.  

3.  Further, if the applicant's initial Federal Recognition date had been correct, he would have been promoted and granted Federal Recognition as a 1LT on
28 August 2009, upon completion of OBC.  He is not eligible to have his 1LT promotion date changed to 10 April 2009 as he requested because he had not yet completed OBC, which is a prerequisite for promotion to 1LT.  

4.  The applicant should also be provided all back pay and allowances due as a result of the corrections outlined in the preceding paragraphs. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  __X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  amending Federal Recognition Special Orders Number 123 AR, dated 18 May 2009, to show he was extended Federal Recognition in the rank of 2LT effective 10 October 2007;

	b.  issuing promotion orders and Federal Recognition Special Orders to show he was promoted and extended Federal Recognition to 1LT effective and with a date of rank of 28 August 2009; and

	c.  providing him all back pay and allowances due as a result of these corrections.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to granting a promotion and Federal Recognition date of 1LT to 10 April 2009.  



      ___________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)                                         AR20090011205



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ABCMR Record of Proceedings (cont)                                         AR20090011205



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