IN THE CASE OF:
BOARD DATE: 29 March 2011
DOCKET NUMBER: AR20100020415
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 Federal recognition as a second lieutenant (2LT) and payment of any back pay.
2. The applicant states administrative errors resulted in failure to grant him Federal recognition in pay grade O-1. This ultimately caused his Federal recognition to expire resulting in his being reappointed in pay grade O-3 more than 3 years after the fact. Personnel at the Michigan Army National Guard (ARNG) tried, but were unable to correct the problem. It was not until May 2009 that he was extended permanent Federal recognition.
3. The applicant provides copies of a timeline of events; his appointment letter; National Guard Bureau (NGB) Form 89 (Proceedings of a Federal Recognition Board) and his NGB Form 337 (Oaths of Office), both dated 18 May 2005; appointment orders as a Medical Service Corps (MSC) second lieutenant, dated 26 May 2005; NGB Form 337, dated 4 May 2006; and Michigan ARNG Orders 192-016 appointing him as a Medical Corps (MC) captain.
CONSIDERATION OF EVIDENCE:
1. On 18 May 2005, the applicant's request for Federal recognition as an MSC second lieutenant in the Michigan ARNG was favorably considered by a Federal recognition board.
2. The applicant executed the oaths of office on 18 May 2005 and appointment orders were issued. However, the package was ultimately returned by NGB because it had expired. Apparently, Federal recognition orders were never issued.
3. The applicant executed the oaths of office as a captain on 4 May 2006 and orders were issued. However, it was not until 23 June 2010 that NGB Special Orders Number 134 AR were issued granting him Federal recognition as an MC captain with a date of rank of 5 May 2006 and an effective date of 21 May 2009.
4. An advisory opinion from NGB noted:
a. The applicant's application as an MSC 2LT had been returned because it had expired.
b. Although he executed the oaths of office as an MC captain on 4 May 2006, he was not Federally recognized until 23 June 2010 with a date of rank of 5 May 2006.
5. The NGB Personnel Policy Division recommended, in effect, that because the delays were not his fault, the applicant should be granted Federal recognition on the dates he originally executed the oaths of office.
6. The opinion was forwarded to the applicant for his concurrence or comment. No response was received.
7. Federal recognition is the process by which the actions a State Guard takes are proven to be in compliance with Federal laws and regulations and the individual is granted Federal status as a Reserve officer. Title 32, U.S. Code, section 307, sets forth the policy and procedures.
DISCUSSION AND CONCLUSIONS:
1. The applicant was approved for Federal recognition and executed the oaths of office as an MSC second lieutenant on 18 May 2005; however, it appears Federal recognition orders were never issued.
2. The applicant was approved for Federal recognition and took the oaths of office as an MC captain on 4 May 2006; however, Federal recognition orders were not issued until June 2010.
3. In view of the foregoing evidence, it would be appropriate to rectify this injustice by correcting the applicant's records as recommended below.
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 State Army National Guard Records and Department of the Army records of the individual concerned be corrected by:
a. showing he was appointed as an MSC second lieutenant and granted Federal recognition with a date of rank and effective date of 18 May 2005 and issuing the appropriate orders,
b. amending NGB Special Orders Number 134 AR dated 23 June 2010 to show he was granted Federal recognition as an MC captain with a date of rank and effective date of 4 May 2006, and
c. auditing his pay records based upon these corrections and paying him any pay and allowances due.
_________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) AR20100020415
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ABCMR Record of Proceedings (cont) AR20100020415
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