IN THE CASE OF:	  

		BOARD DATE:	  10 March 2011

		DOCKET NUMBER:  AR20100016083 


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 effective date of promotion and date of rank (DOR) to captain (CPT) from 26 March 2010 to 26 March 2009 with entitlement to back pay and allowances.

2.  The applicant states she was appointed on 25 September 2008 in the Army Nurse Corps of the Michigan Army National Guard (MIARNG).  She was given constructive service credit for her 22 years of experience as a civilian nurse.  Her DOR to first lieutenant (1LT) was backdated by the National Guard Bureau (NGB) to 26 March 2007 due to the constructive service credit she received.  Since she had 14 years of service and only needed 2 years of time in grade (TIG), she should have been promoted to CPT by the April 2009 Federal Recognition Board (FRB).

3.  The applicant provides:

* NGB Special Orders Number 218 AR and 62 AR
* DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officer))
* DA Form 1059 (Service School Academic Evaluation Report)
* MIARNG Orders 309-027 (promotion to CPT)
* results of the August 2008 Army Medical Department (AMEDD) Accession Board


CONSIDERATION OF EVIDENCE:

1.  Having prior enlisted service in the U.S. Navy and the ARNG, the applicant's records were considered by the 21 August 2008 AMEDD Accession Board for the ARNG.  She was selected by this board and was determined to be eligible for commission effective 21 August 2008.

2.  On 25 September 2008, an FRB was held by the MIARNG to determine if the applicant was qualified to be awarded Federal recognition.  The proceedings indicated the applicant was satisfactory in her physical qualifications, moral character, and general qualifications.

3.  On 25 September 2008, she executed the oaths of office.

4.  On 22 June 2009, an ARNG Medical Personnel Manager submitted a DA Form 5074-1-R that shows the applicant was awarded 3 years of constructive service credit (maximum allowed) based on her professional experience.  She qualified for entry as a 1LT with 18 months applied for promotion to 1LT and the excess 18 months were used to adjust her DOR as a 1LT to 25 March 2007.

5.  On 17 February 2009, she attended and successfully completed the AMEDD Basic Officer Leaders Course (BOLC) (13 January to 17 February 2009).

6.  On 4 September 2009, NGB published Special Orders Number 218 AR extending her Federal recognition for initial appointment as a 1LT in the MIARNG effective 25 September 2008.

7.  On 5 November 2009, MIARNG published Orders 309-027 promoting her to CPT effective 22 October 2009.

8.  On 2 April 2010, NGB published Special Orders Number 62 AR extending her Federal recognition for promotion to CPT in the MIARNG effective 26 March 2010.

9.  An advisory opinion was obtained from the NGB in the processing of this case on 11 February 2011.  An official recommended approval of adjusting her effective date and DOR to CPT from 26 March 2010 to 25 March 2009.  The official stated she had an adjusted DOR to 25 March 2007 upon her appointment based on the 3 years of constructive service credit she received.  However, due to an administrative error, she was not Federally recognized as a 1LT until 4 September 2009 with an effective date of 25 September 2009.  By regulation, she needed 2 years of TIG for promotion from 1LT to CPT.  She completed the AMEDD BOLC on 17 February 2009.  The State was unable to promote her at that time due to the error in her Federal recognition.  She was serving in a CPT position on 25 March 2009 and met the minimum 2 years of TIG on that date.

10.  She was provided with this advisory opinion, but she did not respond.

11.  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 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.

	a.  Paragraph 2-2 states 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.

	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 an 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.

	d.  Paragraph 8-8 states that a 1LT must complete 2 years of TIG prior to being considered for promotion and Federal recognition in the higher grade.

	e.  Paragraph 10-15b states 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 (Proceedings of a Federal Recognition Examining Board) and allied documents to The Adjutant General (TAG).  When the member is favorably recommended, TAG 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.

12.  Table 2-1 of Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers) states a Soldier needs a minimum of 2 years of TIG for promotion from 1LT to CPT.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was accepted for commissioning and executed the oaths of office in the ARNG in the rank of 1LT on 25 September 2008.  Having received 3 years of constructive service credit, 18 months was applied for her entry as a 1LT and the excess 18 months was credited towards her TIG as a 1LT, giving her a DOR for 1LT of 25 March 2007.

2.  However, an administrative error delayed the processing of her Federal recognition.  At that time, her complete Federal recognition packet and allied documents should have been forwarded to TAG of the State of MI for endorsement to NGB for extension of permanent Federal recognition.  Through no fault of the applicant, this action was not taken.

3.  She completed the AMEDD BOLC on 17 February 2009, served in a CPT's position, and met the 2 years of minimum TIG requirement on 25 March 2009 (2 years from her initial DOR).  However, her Federal recognition had not been extended yet.  NGB ultimately extended her Federal recognition for her initial appointment on 4 September 2009.

4.  Based on the delayed Federal recognition for this initial appointment, her Federal recognition for promotion to CPT was also delayed until 2 April 2010 with an effective date and DOR as 26 March 2010.

5.  It is clear that an administrative error denied her timely permanent Federal recognition for her initial appointment and affected her promotion to CPT.  Had the applicant's initial Federal recognition date been timely, she would have been promoted to CPT effective 25 March 2009.  Based on applicable law and regulation, she is entitled to have her Federal recognition orders amended to show the effective date of permanent Federal recognition for promotion to CPT as 25 March 2009 and to receive back pay and allowances as a result of this correction.


BOARD VOTE:

__X_____  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 NGB Special Orders Number 62 AR, dated 2 April 2010, to show she was extended Federal recognition in the grade of CPT effective and with a date of rank of 25 March 2009; and

	b.  paying her all due back pay and allowances as a result of this correction.



      _________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)                                         AR20100016083



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ABCMR Record of Proceedings (cont)                                         AR20100016083



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