IN THE CASE OF:	

		BOARD DATE:	  20 May 2010

		DOCKET NUMBER:  AR20090019781 


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 effective date of appointment and date of rank (DOR) to second lieutenant (2LT) be adjusted to 20 July 2006 and an adjustment of his DOR and effective date to first lieutenant (1LT) accordingly.

2.  The applicant states that he was selected by the Office of Chaplains on 27 June 2006 for appointment as a Staff Specialist (SS) (Chaplain Candidate) in the Army National Guard (ARNG).  He executed an oath of office on 20 July 2006 and he was appointed on orders on that date.  He then attended and completed the Chaplain Basic Officer Leadership Course (CH-BOLC) on 6 April 2007.  His security clearance was granted in March 2007 and his National Guard Bureau (NGB) Form 23B (ARNG Retirement Points History Statement) shows he was appointed in the ARNG on 20 July 2006.  An Alabama ARNG (ALARNG) officer told him that his Federal recognition packet was overlooked.  He then retook the oath on 13 July 2007 and received permanent Federal recognition for his initial appointment on that date.  He was a new officer and was unaware of the ARNG and Federal recognition process as he was concentrating on his seminary studies.  No documentation or information was located to explain what occurred in 2006 or why his appointment packet was overlooked.  However, as he was promoted to 1LT, the administrative error became evident. 

3.  The applicant provides the following additional documents in support of his request:

* A copy of a memorandum, dated 27 June 2006, subject:  Eligibility for Federal Recognition as a Chaplain Candidate
* A copy of Orders 206-508 dated 25 July 2006
* A copy of NGB Form 337 (Oaths of Office) dated 20 July 2006
* A copy of DA Form 71 (Oath of Office - Military Personnel) dated 20 July 2006
* A copy of DA Form 1059 (Service School Academic Evaluation Report) dated 6 April 2007
* A copy of his NGB Form 23B dated 24 February 2009
* A copy of DA Form 3575 (Certificate of Acknowledgement and Understanding of Service Requirements) dated 20 July 2006
* A copy of Orders 197-500 dated 16 July 2007
* Copies of Special Orders Number 218 AR and 160 AR dated 10 September 2007 and 30 June 2009 respectively
* A copy of Orders 026-775 dated 26 January 2009
* A copy of his Master Military Pay Account printout dated 30 September 2006
* Copies of email exchange

CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service, the applicant's records show he was found professionally qualified for appointment as a 2LT, Chaplain Candidate, on 27 June 2006. 

2.  On 20 July 2006, he executed an oath of office in the ALARNG and on 25 July 2006, Joint Force Headquarters, ALARNG, published Orders 206-508 appointing him as an SS 2LT in the ALARNG.

3.  The available record does not indicate his appointment packet was considered by a Federal Recognition Board (FRB) to determine if he was qualified to be awarded Federal recognition.  

4.  On 11 August 2006, Joint Force Headquarters, ALARNG, published Orders 223-642 attaching him to the 142nd Signal Brigade, Decatur, AL from 20 July 2006 to 19 July 2007.

5.  He attended the CH-BOLC from 4 February 2007 to 6 April 2007 at Fort Jackson, SC and graduated on this date.

6.  On 10 July 2007, he was released from the 142nd Signal Brigade, and he was assigned to the Joint Forces Headquarters, ALARNG.

7.  On 16 July 2007, Joint Force Headquarters, ALARNG, published Orders   197-500 appointing him as an SS 2LT in the ALARNG, effective 13 July 2007.  The orders stated that he was not qualified in his duty position.

8.  On 10 September 2007, NGB Special Orders Number 218 AR extended him Federal recognition for initial appointment in the ARNG with an effective date and DOR of 13 July 2007.

9.  On 11 September 2007, he requested a voluntary Interstate Transfer to the Georgia ARNG (GAARNG) and, on 2 October 2007, he executed an oath of office in the GAARNG.

10.  On 30 October 2007, NGB published Special Orders Number 266 AR extending him Federal recognition for his transfer from ALARNG to GAARNG effective 2 October 2007.

11.  On 8 April 2008, he completed a 1-year Chaplain Candidate Program that lasted from 7 April 2007 to 8 April 2008.

12.  On 26 January 2009, the Adjutant General, GAARNG, published Orders 026-775 promoting him to 1LT with an effective date and DOR of 13 January 2009.

13.  NGB Special Orders Number 20 AR, dated 29 January 2009, extended the applicant Federal recognition in the ARNG in the rank of 1LT with an effective date and DOR of 13 January 2009.

14.  On 8 March 2009, he submitted an application for Federal recognition as a Chaplain in the ARNG and Reserve officer of the Army.

15.  On 25 March 2009, he was considered by the Chief of Chaplains Accession Board and he was found professionally qualified and eligible for appointment as a Chaplain 1LT in the ARNG. 

16.  On 6 April 2009, he completed a 1-year Chaplain Candidate Program that lasted from 5 April 2008 to 6 April 2009.

17.  On 9 May 2009, he executed an oath of office in the GAARNG.

18.  On 26 May 2009, the State of Georgia, Department of Defense Military Division, GAARNG, published Orders 146-757 appointing the applicant in the GAARNG, Chaplain Branch in the rank of 1LT, effective 9 May 2009.  He was assigned to the 110th Combat Sustainment Support Battalion, Tifton, GA.
19.  On 26 May 2009, the State of Georgia, Department of Defense Military Division, GAARNG, published Orders 146-765 directing the applicant's honorable separation from the SS Corps of the ARNG for professional branch transfer only.

20.  On 30 June 2009, NGB Special Orders Number 160 AR extended him Federal recognition for reappointment as a 1LT to the Chaplain Branch with a DOR of 13 January 2009.

21.  An advisory opinion was obtained on 10 November 2009 during the processing of this case.  The Chief of the Personnel Division, NGB, recommended that the applicant’s request to adjust his initial appointment date from 13 July 2007 to 20 July 2006 be approved.  It was also recommended that he be promoted to 1LT effective 19 July 2008, and that he receive all back pay and allowances.  The applicant was provided a copy of this advisory opinion; however, he did not respond. 

22.  National Guard Regulation (NGR) 600-100 provides procedures for processing applications for Federal recognition.  Paragraph 2-1 states 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.  

	a.  Paragraph 2-2 states that 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. 

	b.  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. 

	c.  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 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 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 FRB should be convened to consider the request again and grant another new period of temporary Federal recognition if warranted.

	d.  Paragraph 10-15b states 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.

	e.  Paragraph 8-8 states that a 2LT must complete 2 years time in grade prior to being considered for promotion and Federal recognition in the higher grade.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show he was extended Federal recognition for initial appointment as a 2LT on 20 July 2006 and promotion to 1LT accordingly.

2.  The evidence of record shows the applicant was granted temporary Federal recognition effective 20 July 2006 upon his initial appointment in the ALARNG and execution of the oath of office.  At that time, his complete Federal recognition packet and allied documents should have been forwarded to The Adjutant General, Alabama, for endorsement to NGB for extension of permanent Federal recognition.  Through no fault of his, this action was not taken. 

3.  It is unclear why the applicant's Federal recognition packet was not considered by a FRB.  Nevertheless, this administrative error denied him Federal recognition effective 20 July 2006.  Based on applicable law and regulation, he is entitled to have his Federal recognition orders amended to show the effective date of permanent Federal recognition in the rank of 2LT as 20 July 2006.  

4.  Furthermore, had the applicant's initial Federal recognition date been correct, he would have been promoted to 1LT effective 19 July 2008.  Therefore, he is also entitled to have Federal recognition orders amended to show the effective date and DOR of permanent Federal recognition in the rank of 1LT as 19 July 2008.  
5.  He is also entitled to receive back pay and allowances as a result of the correction of his initial appointment date 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 State Army National Guard records and all Department of the Army records of the individual concerned be corrected by:

	a.  amending Federal recognition Special Orders Number 218 AR, dated 10 September 2007, to show he was extended Federal recognition in the rank of 2LT effective 20 July 2006; 

	b  amending Federal recognition Special Orders 20 AR, dated 
26 February 2009, to show he was extended Federal recognition for promotion to 1LT with an effective date and DOR of 19 July 2008; 

	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)                                         AR20090019781



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ABCMR Record of Proceedings (cont)                                         AR20090019781



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