BOARD DATE:	 17 June 2010 

		DOCKET NUMBER:  AR20100010805 


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 from 24 June 2009 to 9 August 2007.

2.  The applicant states he was appointed in the Indiana Army National Guard (INARNG) on 9 August 2007 but his Federal recognition packet was not processed in a timely manner due to an administrative error.  

3.  The applicant provides the following documents:

	a.  National Guard Bureau (NGB) Federal Recognition Special Orders Number 193 AR, dated 6 August 2009;

	b.  Orders 232-041, dated 20 August 2007; and Orders 189-1079, dated 
8 July 2009;

	c.  NGB Form 89 (Proceedings of a Federal Recognition Examining Board), dated 26 June 2009; and

	d.  two Oaths of Office, dated 9 August 2007 and 24 June 2009.





CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service, the applicant's records show he submitted an NGB Form 62 (Application for Federal Recognition as an Army National Guard Officer) on 9 April 2007 and he was appointed a 2LT in the INARNG and executed an oath of office on 9 August 2007.

2.  On 20 August 2007, the INARNG published Orders 232-001 appointing the applicant a 2LT in the INARNG effective 8 August 2007.  However, the applicant’s records do not show he was granted Federal recognition for his initial appointment.  

3.  On 25 August 2007, the applicant successfully completed the Infantry Basic Officer Leaders Course at Fort Benning, GA.

4.  On 16 June 2009, a Federal Recognition Board (FRB) was held by the INARNG to determine if the applicant was qualified to be awarded Federal recognition.  The proceedings indicated the applicant was satisfactory in his physical qualifications, moral character and general qualifications.  

5.  On 8 July 2009, the INARNG published Orders Number 189-1079 appointing the applicant a 2LT in the INARNG effective 24 June 2009.  He executed an oath of office on the same date.

6.  On 6 August 2009, NGB published Special Orders Number 193 AR extending the applicant Federal recognition for permanent initial appointment as a 2LT effective 24 June 2009.

7.  An advisory opinion was obtained on 5 March 2010 in the processing of this case.  The Chief of the Personnel Division, NGB, recommended approval of the applicant’s request to adjust his initial appointment date to 9 August 2007, that he be promoted to first lieutenant (1LT) on 9 August 2009, and that he receive all back pay and allowances.  The applicant was provided a copy of this advisory opinion; however, he did not respond. 

8.  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.  

9.  NGR 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 oath 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.  NGR 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 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.

11.  NGR 600-100, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show he was extended Federal recognition for initial appointment as a 2LT on 9 August 2007.

2.  The evidence of record shows he was granted temporary Federal recognition effective 9 August 2007 upon his initial appointment in the INARNG 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, Indiana, for endorsement to NGB for extension of permanent Federal Recognition.  Through no fault of his, this action was not taken. 

3.  Subsequently, the applicant's Federal recognition packet was considered by another INARNG FRB.  Based on the recommendations of the second board, NGB issued orders awarding him permanent Federal recognition effective 24 June 2009.  This administrative error denied the applicant both Federal recognition effective 9 August 2007 and promotion to 1LT on 9 August 2009.

4.  It is clear that an administrative error denied him permanent Federal recognition effective 9 August 2007.  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 9 August 2007.

5.  Furthermore, had the applicant's Federal recognition date been correct, he would have been promoted to 1LT effective 9 August 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 9 August 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 Federal Recognition Special Orders Number 193 AR, dated 6 August 2009, to show he was extended Federal Recognition in the rank of 2LT effective 9 August 2007; 

	b.  issuing Federal Recognition Special Orders to show he was extended Federal recognition for promotion to 1LT effective and with a date of rank of 9 August 2009; and

	c.  paying to him all back pay and allowances due as a result of 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)                                         AR20100010805



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ABCMR Record of Proceedings (cont)                                         AR20100010805



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