IN THE CASE OF:
BOARD DATE: 17 August 2010
DOCKET NUMBER: AR20100011812
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 her effective date of rank (DOR) as a second lieutenant (2LT) be changed from 14 May 2009 to 9 January 2009.
2. The applicant states that she took her oath of office as a 2LT on 9 January 2009. However, Texas Army National Guard (TXARNG) officials did not submit the necessary paperwork for Federal recognition in a timely manner and her DOR was changed to 14 May 2009. She further states that she should not be penalized for someone else's errors.
3. The applicant provides copies of:
* her National Guard Bureau (NGB) Form 337 (Oaths of Office), dated 9 January 2009
* her DA Form 71 (Oath of Office - Military Personnel), dated 8 January 2009
* orders appointing her as a 2LT in the TXARNG effective 14 May 2009
* NGB Form 89 (Proceedings of a Federal Recognition Examining Board), dated 14 May 2009
* NGB Form 337, dated 14 May 2009
* Federal recognition orders establishing her effective DOR as a 2LT as 14 May 2009
CONSIDERATION OF EVIDENCE:
1. The applicant took her oath of office as a 2LT without component at Fort Benning, Georgia, on 8 January 2009. She took her oaths of office as a 2LT in the TXARNG on 9 January 2009. She completed the basic officer leadership course in May 2009 and was returned to her TXARNG unit.
2. A Federal Recognition Examining Board was not completed until 14 May 2009 and on 11 September 2009, Federal recognition orders were published which announced the applicant's effective date of rank as a 2LT as 14 May 2009.
3. On 15 November 2009, she was ordered to active duty in the Active Guard Reserve Program for an indefinite period.
4. On 8 July 2010, she was promoted to the rank of first lieutenant (1LT).
5. In the processing of this case, a staff advisory opinion was obtained from NGB which recommends approval of the applicant's request to be promoted and granted Federal recognition for the rank of 2LT effective 9 January 2009 because National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions) provides that the effective date of Federal recognition for original appointment is the date the commissioned officer executes his or her oaths of office in the State. The advisory opinion was provided to the applicant for comment and she concurred with the opinion as written.
6. National Guard Regulation 600-100 provides that the effective date of Federal recognition for original appointment is the date on which the commissioned officer executes the oaths of office in the State.
DISCUSSION AND CONCLUSIONS:
1. The applicant executed her original oaths of office as a 2LT on 9 January 2009 and for reasons that are not explained in the available records, her application for permanent Federal recognition was not forwarded to the appropriate authorities for final action in a timely manner.
2. As a result, the applicant's permanent Federal recognition wa unduly delayed through no fault of the applicant.
3. However, had the application for permanent Federal recognition been properly and timely processed, the applicant's date of rank for 2LT would have been 9 January 2009.
4. Accordingly, it would be in the interest of justice at this time to correct the applicant's records by showing that she was granted permanent Federal recognition in the rank of 2LT effective 9 January 2009.
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 showing that she was granted permanent Federal recognition in the rank of 2LT effective 9 January 2009 with entitlement to all back pay and allowances that flow from this change.
____________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) AR20100011812
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ABCMR Record of Proceedings (cont) AR20100011812
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