IN THE CASE OF:
BOARD DATE: 19 November 2009
DOCKET NUMBER: AR20090011708
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 correction of her records to show her Federal recognition date as 27 December 2007.
2. The applicant states she signed her oath of office and was sworn into the Army Medical Specialist Corps on 27 December 2007.
3. The applicant provides two DA Forms 1059 (Service School Academic Evaluation Report), National Guard Bureau (NGB) Form 337 (Oath of Office), Physician Assistant Oath, Peer Recommendation, and Letter of Clinical Competency in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show she initially enlisted in the Army National Guard (ARNG) on 11 December 2002. Her records show the effective date of her initial appointment as a first lieutenant was 24 January 2008.
2. The applicant's records show she completed the Interservice Physician Assistant Program on 28 December 2007. Her NGB Form 337 shows she signed her Oaths of Office as a first lieutenant on the same date.
3. The Florida ARNG approved the Proceedings of a Federal Recognition Board on 24 January 2008. The Florida ARNG also published Order Number 037-003, dated 6 February 2008, appointing her as a first lieutenant effective 24 January 2008.
4. NGB Special Orders Number 126 AR, dated 15 May 2008, show the applicant was extended Federal recognition with an initial appointment to first lieutenant and date of rank of 24 January 2008.
5. In the processing of this case, on 19 June 2009, an advisory opinion was obtained from the NGB, Personnel Division. The NGB recommended approval of the applicant's request to adjust her Federal recognition effective date and date of rank to first lieutenant from 24 January 2008 to 28 December 2007 based on National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions) as well as the Oaths of Office she signed. The NGB also recommended that she receive all back pay and allowances due as a result of this adjustment.
6. The applicant was provided a copy of the advisory opinion and submitted no response.
7. National Guard Regulation 600-100, chapter 2, paragraph 2-2, states that the effective date of Federal Recognition for original appointment is the date on which a commissioned officer executes the Oaths of Office in the State. Additionally, 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant was appointed as a first lieutenant on 24 January 2008. However, based on the applicants completion of training, the State appointment order, Oaths of Office, and Proceedings of a Federal Recognition Board she met the requirements for appointment to first lieutenant on 28 December 2007. As such, it would be appropriate to adjust the applicant's Federal recognition effective date and her date of rank to first lieutenant to 28 December 2007.
2. Based on the applicant's entitlement to an adjustment of her effective date of Federal recognition to first lieutenant, she is entitled to the difference in pay that the correction will necessitate.
3. In view of the foregoing, the applicant is entitled to have her records corrected as shown below.
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 the state Army National Guard records and all Department of the Army records of the individual concerned be corrected by showing she was appointed in the ARNG in the rank of first lieutenant with an effective date and date of rank of 28 December 2007 and granted Federal recognition effective this date.
2. The Board further recommends that based on the above correction the Defense Finance and Accounting Service should audit the applicant's pay account and pay her accordingly based on this correction.
3. 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 showing a Federal recognition date of 27 December 2007.
_______ _ 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) AR20090011708
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ABCMR Record of Proceedings (cont) AR20090011708
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