IN THE CASE OF:	  

		BOARD DATE:	  24 March 2011

		DOCKET NUMBER:  AR20100018169


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, in effect, that National Guard Bureau (NGB) Special Order 131 AR, dated 18 June 2010, be corrected to show he was initially appointed and granted permanent Federal Recognition on 13 June 2008.  He also requests that State of Ohio Adjutant General's (AG) Department Orders 
172-909, dated 21 June 2010, be amended to show his effective date of promotion to first lieutenant/O-2 as 13 December 2009.

2.  The applicant states, in effect, he was initially appointed in the Ohio Army National Guard (OHARNG), on 13 June 2008, in the rank of second lieutenant/
O-1 and he did not receive timely permanent Federal Recognition.  Therefore, his promotion to O-2 was delayed as a result.

3.  The applicant provides:

* a Memorandum from the State of Ohio, AG Department, dated 28 June 2010
* Department of the Army (DA) Form 71 (Oath of Office – Military Personnel) and NGB Form 337 (Oaths of Office), dated 13 June 2008
* NGB Form 337, dated 12 March 2010
* NGB Form 89, dated 12 March 2010
* State of Ohio, AG Department Orders 183-048, dated 1 July 2008
* State of Ohio, AG Department Orders 071-035, dated 12 March 2010
* NGB Special Orders 131 AR, dated 18 June 2010
* State of Ohio AG Department Orders 071-907, dated 12 March 2010
* State of Ohio AG Department Orders 172-909, dated 21 June 2010
* NGB Special Orders 133 AR, dated 22 June 2010
* DA Installation Management Command Orders 232-798, dated 20 August 2009
* U.S. Army Human Resources Command (AHRC) Orders A-01-903296, dated 29 January 2009

CONSIDERATION OF EVIDENCE:

1.  On 13 June 2008, the applicant executed an Oath of Office in the OHARNG in the grade of O-1 and he was granted temporary Federal Recognition.

2.  State of Ohio AG Department Orders 183-048 were published on 1 July 2008 appointing him in the OHARNG in the grade of O-1, effective 13 June 2008.

3.  There is no evidence the applicant received permanent Federal Recognition for initial appointment as an O-1 within the 6 month period required by National Guard/Army Regulations.  As a result, his temporary Federal Recognition expired.

4.  On 12 March 2010, the applicant executed another Oaths of Office in the OHARNG in the grade of O-1 and he was again granted temporary Federal Recognition.

5.  State of Ohio AG Department Orders 071-035 were published amending orders 183-048 to show the effective date of his appointment as 12 March 2010.

6.  On 18 June 2010, NGB Special Orders Number 131 AR were published extending the applicant permanent Federal Recognition for his initial appointment as an O-1, effective 12 March 2010.

7.  State of Ohio AG Department Orders 071-907 were published on 12 March 2010 promoting the applicant to the grade of O-2, with an effective date and date of rank (DOR) of 13 December 2009.

8.  On 21 June 2010, State of Ohio AG Department Orders 172-909 were published amending Orders 071-907 to show his effective date and DOR for promotion to O-2 was 12 March 2010.

9.  On 22 June 2010, NGB Special Orders Number 133 AR were published extending the applicant permanent Federal Recognition in the grade of O-2, effective 12 March 2010.


10.  An advisory opinion was obtained from the Chief of the Personnel Policy Division of the National Guard Bureau for review with this application.  He opined that an administrative error denied the applicant timely processing of permanent Federal Recognition for his initial appointment in the grade of O-1, effective 
13 June 2008. 

11.  The Chief of the Personnel Policy Division further opined that the effective date of the applicant's permanent Federal Recognition for promotion to the grade of O-2 should be amended to show 13 December 2009.

12.  On 30 December 2010, the advisory opinion was forwarded to the applicant for review and comment.  The applicant did not submit written comments in rebuttal to the opinion.

13.  National Guard Regulation 600-100 (Commissioned Officers-Federal Recognition and Related Personnel Actions), 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 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 Federal Recognition Board 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's contentions have been noted.  His supporting documents have been considered.

2.  He was granted temporary Federal Recognition effective 13 June 2008 upon his initial appointment in the OHARNG as a second lieutenant.  At that time, his Federal Recognition packet and allied documents should have been forwarded to the Adjutant General of the State of Ohio for endorsement to the National Guard Bureau for extension of permanent Federal Recognition.  Through no fault of the applicant, this action was not taken.




3.  It is clear that as a result of an administrative error the applicant was denied Federal Recognition effective 13 June 2008.  Therefore, based on applicable law and regulation, he is entitled to have NGB Special Orders Number 131 AR, dated 18 June 2010 amended to show the effective date of permanent Federal Recognition for his initial appointment in the grade of second lieutenant as 
13 June 2008.

4.  The available evidence shows that following his initial appointment, he met the criteria for promotion to first lieutenant.  Therefore, he is entitled to have NGB Special Orders Number 133 AR, dated 22 June 2010, amended to show the effective date of permanent Federal Recognition in the grade of first lieutenant/
O-2 as 13 December 2009.  

5.  Additionally, State of Ohio AG Department Orders 172-909, amending Orders 071-907 and State of Ohio AG Department Orders 071-035, amending Orders 183-048 should be voided.

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 State Army National Guard records and Department of the Army records of the individual concerned be corrected by:

	a.  amending NGB Special Orders Number 131 AR, dated 18 June 2010 to show the applicant was granted permanent Federal Recognition in the grade of second lieutenant on 13 June 2008;

	b.  amending NGB Special Orders Number 133 AR, dated 22 June 2010 to show the applicant was granted permanent Federal Recognition in the rank of first lieutenant/O-2 effective 13 December 2009;

	c.  voiding State of Ohio AG Department Orders 172-909 and 071-035; and
	d.  paying 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)                                         AR20090005994



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ABCMR Record of Proceedings (cont)                                         AR20100018169



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