IN THE CASE OF:	  

		BOARD DATE:	  5 April 2011

		DOCKET NUMBER:  AR20100018273 


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 adjustment of his initial appointment date to second lieutenant (2LT) from 10 March 2010 to 8 August 2008, promotion to first lieutenant (1LT) effective 9 February 2010, and to be paid all back pay and allowances.

2.  The applicant states he was commissioned on 8 August 2008.  The State officer records section sent his complete packet to the National Guard Bureau (NGB) for Federal recognition on or about 18 December 2008 but the packet was lost and he did not receive Federal recognition.  The State cut promotion orders to 1LT but when the packet reached the NGB it was discovered that he had not been given Federal recognition and the promotion order was revoked

3.  The applicant provides a DA Form 71 (Oath of Office - Military Personnel), NGB Forms 337 (Oaths of Office), State appointment and promotion orders, DA Form 1059 (Service School Academic Evaluation Report), and NGB Federal recognition orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed a Reserve commissioned officer in the rank of 2LT on 8 August 2008.  He is currently serving in the Texas Army National Guard (TXARNG) in the rank of 2LT.

2.  On 17 December 2008, the TXARNG published Orders Number 352-1047 appointing him as a 2LT in the ARNG, effective 8 August 2008.  He executed his oath of office in the TXARNG on 9 August 2008.

3.  His record contains no indication Federal recognition orders were issued for his initial appointment of 8 August 2008.  At the time, a complete Federal recognition packet and allied documents should have been forwarded to The Adjutant General of the State of Texas for endorsement to the NGB for extension of permanent Federal recognition.  

4.  A DA Form 1059, dated 23 July 2009, confirms he completed the Quartermaster Basic Officer Leader Course (BOLC) on 23 September 2009.

5.  On 16 March 2010, the TXARNG published Orders Number 075-1032 promoting him to 1LT with an effective date of 10 February 2010 and a date of rank of 9 August 2008.  These orders were revoked by TXARNG Orders Number 176-1036, dated 25 June 2010.

6.  On 23 March 2010, the TXARNG published Orders Number 082-1067 appointing him as a 2LT in the ARNG, effective 18 March 2010.  He executed his oath of office in the TXARNG on the same date.

7.  On 24 June 2010, the NGB published Special Orders Number 135 AR extending him Federal recognition for initial appointment as a 2LT, effective 
18 March 2010.

8.  In connection with the processing of this case, an advisory opinion was obtained from the Chief, Personnel Policy Division, NGB.  The advising official recommends approval of the applicant's request to adjust his initial 2LT appointment date to 8 August 2008 and promoting him to 1LT effective 
8 February 2010.

9.  The advisory official states that in accordance with NGB regulations, 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.  The advisory official further states the Soldier completed the Quartermaster BOLC and an NGB Memorandum authorizes all National Guard officers in the rank of 2LT on the Reserve Active-Status List to be promoted with a minimum of 18 months time in grade provided they have completed the BOLC.  The advisory official concludes that their recommendation is supported by the State. 

10.  On 22 December 2010, the advisory opinion was forwarded to the applicant for information and to provide him the opportunity to submit comments or a rebuttal.  He responded and stated he had no further comments.

11.  National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions) provides the policy for processing applications for Federal Recognition.  It provides the following:

	a.  Paragraph 2-1 provides that commissioned officers of the ARNG are appointed by 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;

	b.  Paragraph 2-2 provides 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;

	c.  Paragraph 2-3a provides that temporary Federal recognition upon initial appointment establishes the authorized grade to be used by all officers in their federally recognized status;

	d.  Paragraph 2-13 provides 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 Federal Recognition Board (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; and 

	e.  Paragraph 10-15b provides 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.

12.  NGB Personnel Policy Memorandum 08-035, dated 25 November 2008, and Department of the Army, Office of the Assistant Secretary of the Army (Manpower and Reserve Affairs) Memorandum, dated 19 August 2008, establishes Department of the Army policy for promotion to 1LT.  It states Reserve Component 2LTs on the Reserve Active Status List will be promoted to 1LT with a minimum of 18 months time in grade and completion of BOLC, if otherwise qualified.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he was initially granted temporary Federal recognition and appointed as a 2LT in the TXARNG on 8 August 2008; however, due to an administrative error in the processing of his permanent Federal recognition packet, and through no fault of his own, he was not granted permanent Federal recognition in the rank of 2LT until 18 March 2010.  Therefore, based on the errors in the processing of his initial Federal recognition packet, it would be appropriate to correct his record to show he was granted permanent Federal recognition in the rank of 2LT on 8 August 2008.

2.  Further, if his initial Federal recognition date had been correct, he would have been promoted and granted Federal recognition as a 1LT on 8 February 2010.

3.  He should also be provided all back pay and allowances due as a result of the corrections outlined in the preceding paragraphs.

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

	a.  amending NGB Special Orders Number 135 AR, dated 24 June 2010, to show he was extended Federal recognition in the rank of 2LT effective 8 August 2008;

	b.  issuing promotion orders and Federal recognition orders to show he was promoted and extended Federal recognition to 1LT effective and with a date of rank of 8 February 2010; and

	c.  providing 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)                                         AR20100018273



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ABCMR Record of Proceedings (cont)                                         AR20100018273



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