IN THE CASE OF:	

		BOARD DATE:	  1 April 2010

		DOCKET NUMBER:  AR20090017830 


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 his date of Federal recognition for his initial appointment as a first lieutenant be corrected to 28 December 2007.

2.  The applicant states that due to an administrative error the orders for his initial Federal recognition were not issued until 8 September 2009 and his effective date of initial appointment was listed as 30 April 2009.

3.  The applicant provides 13 pages from his military service record.

CONSIDERATION OF EVIDENCE:

1.  On 28 December 2007, a Federal Recognition Board recommended Federal recognition and appointment for the applicant in the grade of first lieutenant in the Pennsylvania Army National Guard (ARNG) with 1 year time in grade.  The board stipulated he must complete the Judge Advocate Officer Basic Course within 12 months of the date of his appointment.

2.  On 28 December 2007, the applicant executed the oaths of office as a first lieutenant in the Pennsylvania ARNG and was granted temporary Federal recognition.

3.  On 1 October 2008, the applicant completed the Judge Advocate Officer Basic Course and assigned the area of concentration 27A (Judge Advocate).

4.  Due an error in processing the applicant's initial Federal recognition, a second Federal Recognition Board was convened on 29 April 2009.  He again executed the oaths of office as a first lieutenant in the Pennsylvania ARNG on 29 April 2009.

5.  On 26 June 2009, the Chief, Reserve Judge Advocate Recruiting, issued a "corrected copy" memorandum recommending the applicant be appointed as a first lieutenant with a date of rank (DOR) of 28 December 2006.

6.  National Guard Bureau (NGB) Special Orders Number 219 AR, dated 8 September 2009, awarded the applicant permanent Federal recognition for initial appointment to the grade of first lieutenant effective 30 April 2009 with a DOR of 28 December 2006.

7.  In the processing of this case, an advisory opinion, dated 24 December 2009, was provided by NGB.  NGB recommended approval to adjust the applicant's initial appointment date to 28 December 2007 with a DOR of 28 December 2006. 
The applicant concurred with this opinion.

8.  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 the 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.

9.  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.

10.  National Guard Regulation 600-100, paragraph 2-12, 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.

11.  National Guard Regulation 600-100, paragraph 10-15b, states that temporary Federal recognition may be granted by an 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 (Proceedings of a Federal Recognition Examining Board) and allied documents to The Adjutant General.  When the member is favorably recommended, The Adjutant General will endorse the packet to 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.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant was granted temporary Federal recognition effective 28 December 2007 upon his initial appointment in the Pennsylvania ARNG as a first 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 NGB for extension of permanent Federal recognition.  Through no fault of the applicant, this action was not taken.

2.  The applicant's Federal recognition packet was considered by another Pennsylvania ARNG Federal Recognition Board on 30 April 2009.  NGB then issued orders awarding him permanent Federal recognition effective 30 April 2009.

3.  Clearly an administrative error denied the applicant Federal recognition effective 28 December 2007.  Therefore, as a matter of equity, NGB Special Orders 219 AR, dated 8 September 2009, should be amended to the show the effective date of his permanent Federal recognition in the grade of first lieutenant as 28 December 2007.


BOARD VOTE:

___X____  ____X___  ____X___  GRANT FULL RELIEF

________  ________  ________  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 relief.  As a result, the Board recommends the State Army National Guard Records and the Department of the Army records of the individual concerned be corrected by amending NGB Special Orders Number 219 AR, dated 8 September 2009, to show that he was extended Federal recognition effective 28 December 2007 for his initial appointment in the grade of first lieutenant with a DOR of 28 December 2006.

2.  Additionally, the Defense Finance and Accounting Service should audit the applicant's pay records and provide the applicant any pay and allowances due him based on the above 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)                                         AR20090017830



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090017830



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1