BOARD DATE:	  12 January 2011

		DOCKET NUMBER:  AR20100026885 


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, correction of his records to show his Federal recognition date for the rank of second lieutenant as 21 November 2007, promotion to the rank of first lieutenant effective 21 May 2009, and any back pay and allowances due as a result of these corrections.

2.  The applicant states he was appointed as a second lieutenant in the Indiana Army National Guard (ARNG) on 21 November 2007 based on temporary Federal recognition.  He further states that due to an administrative error his Federal recognition packet was not processed through the National Guard Bureau (NGB) in a timely manner allowing his temporary Federal recognition to expire.

3.  The applicant provides:

* NGB Special Orders Number 80 AR
* his ARNG Retirement Points History Statement
* Indiana ARNG Orders 323-1033
* two NGB Form 337 (Oaths of Office)
* DA Form 71 (Oath of Office - Military Personnel)
* two NGB Forms 89 (Proceedings of a Federal Recognition Examining Board)
* corrected copy of Indiana ARNG Orders 365-1004



CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he initially enlisted in the ARNG on 11 April 2007 in pay grade E-3 after prior service in the U.S. Air Force.

2.  On 21 November 2007, he executed the oaths of office as a second lieutenant.

3.  An NGB Form 89 signed on 27 July 2007 is incomplete and does not indicate whether he was recommended for appointment.  The Indiana ARNG published corrected Orders 365-1004, dated 31 December 2007, appointing him as a second lieutenant effective 21 November 2007.

4.  His records maintained in the interactive Personnel Electronic Records Management System contain a DA Form 1059 (Service School Academic Evaluation Report) showing he completed the Engineer Basic Officer Leader Course on 26 November 2008.

5.  A second NGB Form 89 signed on 30 September 2009 shows a Federal recognition board recommended him for appointment as a second lieutenant.

6.  An NGB Form 337 shows he executed his second oaths of office on 30 September 2009.  The Indiana ARNG published Orders 323-1033, dated 19 November 2009, appointing him as a second lieutenant effective 30 September 2009.
 
7.  NGB Special Orders Number 80 AR, dated 27 April 2010, show he was extended Federal recognition with an initial appointment to second lieutenant on 30 September 2009.

8.  In the processing of this case, an advisory opinion was obtained from the NGB Personnel Policy Division.  NGB recommended approval of the applicant's request to restore his initial appointment date to the rank of second lieutenant to 21 November 2007 based on National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions) as well as the oaths of office he signed.

9.  NGB also recommended promotion of the applicant to the rank of first lieutenant effective 21 May 2009.

10.  NGB further recommended he receive all back pay and allowances due as a result of these changes.

11.  The applicant was provided a copy of the advisory opinion and submitted no response.

12.  National Guard Regulation 600-100, paragraph 2-2, states that the effective date of Federal recognition for original appointment is the date on which a commissioned officer executes the oaths of office in the State.  Additionally, paragraph 2-12, 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 a Federal recognition board pending final determination of eligibility and appointment as a Reserve commissioned officer of the Army.

13.  Department of the Army Office of the Assistant Secretary Manpower and Reserve Affairs memorandum, subject:  Reduction in the Time in Grade (TIG) Requirement for Promotion of Reserve Component Officers to First lieutenant), dated 19 August 2008, authorizes Reserve Component second lieutenants on the Reserve Active Status List to be promoted with a minimum of 18 months of TIG and completion of the Basic Officer Leaders Course, if otherwise qualified.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant's NGB Form 89 does not show whether the Federal recognition board recommended him for appointment, it would be reasonable to presume the Indiana ARNG had evidence he had been extended temporary Federal recognition when it initially appointed him as a second lieutenant on 21 November 2007.  It appears he was not extended permanent Federal recognition due to his Federal recognition packet not being processed in a timely manner.  As such, it would be appropriate to adjust his Federal recognition effective date and date of rank as a second lieutenant to 21 November 2007.

2.  The evidence indicates he met the requirements for promotion to first lieutenant on 21 May 2009 if an adjustment is made to his effective date of Federal recognition to second lieutenant.  As such, he is eligible for promotion to the rank of first lieutenant with an effective date and date of rank of 21 May 2009, if otherwise eligible.

3.  Based on these adjustments, he is entitled to the difference in pay these corrections will necessitate.

4.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below.



BOARD VOTE:

___x_____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that the state Army National Guard records and all Department of the Army records of the individual concerned be corrected by:

	a.  showing he was appointed in the ARNG in the rank of second lieutenant with an effective date and date of rank of 21 November 2007 and granted Federal recognition effective that date; and

	b.  promoting him to the rank of first lieutenant with an effective date and date of rank of 21 May 2009, if otherwise qualified, and granting him Federal recognition effective that date.

2.  The Board further recommends that based on the above corrections the Defense Finance and Accounting Service should audit the applicant's pay account and pay him any money that becomes 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)                                         AR20100026885



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ABCMR Record of Proceedings (cont)                                         AR20100026885



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