IN THE CASE OF:	  

		BOARD DATE:	  13 August 2009

		DOCKET NUMBER:  AR20090011206 


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 National Guard Federal recognition order (initial appointment), dated 18 May 2009, in the grade of second lieutenant (2LT) be corrected to show the effective date 11 August 2007.

2.  The applicant states, in effect, that he did not receive Federal recognition for his initial appointment as a 2LT in a timely manner.  He states the oversight was admittedly an administrative error brought to his attention when the Military Personnel Office was checking the status of his eligibility for promotion to first lieutenant and noticed his initial Federal recognition had not been granted.  He further states that he requests that his date of rank as a 2LT be adjusted from 11 February 2009 to 11 August 2007.

3.  The applicant provides the following documents in support of his application:  National Guard Bureau (NGB) Federal recognition Special Orders Number 123 AR, dated 18 May 2009; Commonwealth of Pennsylvania Department of Military and Veterans Affairs Orders 076-1022, dated 17 March 2009; NGB Forms 337 (Oaths of Office), dated 11 August 2007 and 11 February 2009; NGB Forms 89 (Proceedings of a Federal Recognition Examining Board), dated 8 August 2007 and 11 February 2009; and Commonwealth of Pennsylvania Department of Military and Veterans Affairs Orders 219-1026, dated 7 August 2007.


CONSIDERATION OF EVIDENCE:

1.  On 7 August 2007, a Federal recognition board 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 11 August 2007, the applicant executed the Oaths of Office as a 2LT in the PAARNG and was granted temporary Federal recognition.  There is no evidence that the applicant received permanent Federal recognition as a 2LT from the NGB within the 6-month period required by National Guard regulations.  As a result, his temporary Federal recognition expired.

3.  On 10 February 2009, a second Federal recognition board was held by the 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.

4.  On 11 February 2009, the applicant executed a second Oaths of Office as a 2LT in the PAARNG and was granted temporary Federal recognition.  NGB Special Orders Number 123 AR, dated 18 May 2009, awarded the applicant permanent Federal recognition for initial appointment to the grade of 2LT effective 11 February 2009.

5.  National Guard Regulation 600-100 (Commissioned Officer-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 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 Army National Guard of the United States if they have not already accepted such appointment.  

6.  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.
7.  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.

8.  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 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 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.

9.  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, state in pertinent part that, "This memorandum establishes Department of the Army Policy authorizing Reserve Component 2LTs on the Reserve Active Status List to be promoted to 1LT with a minimum of 18 months of time in grade and completion of the Basic Officer Leadership Course if otherwise qualified."

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 2LT.  At that time, his Federal recognition packet and allied documents should have been forwarded to The Adjutant General of the PAARNG 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 applicant's Federal recognition packet was considered by another PAARNG Federal recognition board and based on the recommendation of that second board, the NGB issued orders awarding the applicant permanent Federal recognition effective 11 February 2009.

3.  From the foregoing, it is clear that an administrative error denied the applicant permanent Federal recognition effective 11 August 2007.  As a result, based on applicable law and regulation, the applicant is entitled to have Federal recognition Special Orders Number 123 AR amended to show the effective date of permanent Federal recognition in the grade of 2LT as 11 August 2007.

4.  Furthermore, had the applicant's Federal recognition date been correct, he would have been promoted to 1LT effective 11 March 2009.  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 11 March 2009 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 records of the individual concerned be corrected by: 

	a.  amending Special Orders Number 123 AR, dated 18 May 2009, to show that he was extended Federal recognition effective 11 August 2007 in the grade of 2LT;

	b  issuing Federal recognition orders to show he was extended Federal recognition for promotion to 1LT effective and with a date of rank of 11 March 2009; and


	c.  paying to him all back pay and allowances due 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)                                         AR20090011206



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ABCMR Record of Proceedings (cont)                                         AR20090011206



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