IN THE CASE OF:	  

		BOARD DATE:	  14 June 2011

		DOCKET NUMBER:  AR20100028861


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 initial appointment as a second lieutenant (2LT/O-1) in the Hawaii Army National Guard National (HIARNG) to show 21 March 2009 instead of 15 July 2010
* back pay and allowances
* promotion to first lieutenant (1LT/O-2)

2.  The applicant states her permanent Federal recognition orders as a 2LT were not published in a timely manner.

3.  The applicant provides:

* her Federal Recognition packet, dated 22 February 2009
* Orders 106-016, State of Hawaii, Office of The Adjutant General, dated 16 April 2009, as amended, discharging her as a sergeant
* Orders 106-022, State of Hawaii, Office of The Adjutant General, dated 16 April 2009, appointing her as a 2LT effective 21 March 2009
* Army National Guard Officer Candidate School Diploma
* Oath of Office



CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a 2LT and took the oath of office on 21 March 2009.  The HIARNG established her date of rank (DOR) as 21 March 2009.  She was granted temporary Federal recognition.

2.  Permanent Federal recognition was never received for the applicant's initial appointment and she had to be re-boarded.  Federal recognition, effective 15 July 2010, was granted by NGB Special Orders Number 248 AR, dated 9 November 2010.  She completed the Adjutant General Basic Officer Leader Course (BOLC) on 14 January 2010.

3.  In the processing of this case, a staff advisory opinion was obtained from the Chief, Personnel Policy Division, NGB.  The advisory official recommends approval of the applicant’s request to adjust her initial appointment date to 
21 March 2009 and promotion to first lieutenant (1LT)/O-2 effective 
21 September 2010, with all due back pay and allowances.

4.  On 6 December 2010, the advisory opinion was forwarded to the applicant for information and to allow her the opportunity to submit comments or a rebuttal  She concurred by email on 7 December 2010.

5.  National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions) prescribes policies and procedures governing the appointment, temporary Federal recognition, Federal recognition, reassignment, transfer between States, branch transfers, area of concentration designation, utilization, branch detail, attachment, and separation of commissioned officers of the ARNG.

	a.  Chapter 2 provides that in order for an officer to be concurrently appointed as a Reserve officer of the Army, the State action must be Federally recognized.  Federal recognition is the process which ensures that officers appointed by the States meet the qualifications required for service in the Federal Armed Forces.

      (1)  Upon appointment in the ARNG of a State and subscribing to an oath of office, an officer has a State status under which to function.  Such individuals acquire a Federal status when they are federally recognized and appointed as a Reserve of the Army.

      (2)  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.  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.  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 the 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 Federal Recognition Board should be convened to consider the request again and grant a new period of temporary Federal recognition if warranted.

6.  NGB Memorandum, subject:  Reduction in the Time in Grade (TIG) Requirements for Promotion of Reserve Component Officers to 1LT (NGB-ARH Policy Memorandum 08-035), dated 25 November 2008, states, "This policy 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 TIG.  2LT's may be promoted at 18 months TIG provided they have completed the BOLC and are otherwise qualified.  The effective date will not precede 19 August 2008."

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant was granted temporary Federal recognition effective 21 March 2009 upon her initial appointment in the HIARNG as a 2LT.  At that time, her Federal recognition packet and allied documents should have been forwarded to The Adjutant General of the State of Hawaii for endorsement to the NGB for extension of permanent Federal recognition.  Through no fault of the applicant, this action was not taken.

2.  Subsequently, the NGB issued orders extending Federal recognition for initial appointment in the grade of 2LT effective 15 July 2010.  From the foregoing, it is clear that an administrative error denied the applicant Federal recognition effective 21 March 2009.

3.  Based on applicable law and regulation, the applicant is entitled to have NGB Special Orders Number 248 AR, dated 9 November 2010, amended to show the effective date of permanent Federal recognition in the grade of 2LT as 21 March 2009.



4.  Evidence of record shows the applicant successfully completed BOLC on 14 January 2010, she met the time-in-grade requirement for promotion to 1LT, and she should have been promoted effective 21 September 2010 and awarded permanent Federal recognition for promotion to 1LT with the effective date of      21 September 2010.

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

* amending NGB Special Orders Number 248 AR, dated 9 November 2010, to show she was extended Federal recognition as a 2LT effective 21 March 2008
* promoting her to 1LT and granting her Federal recognition as a 1LT effective 21 September 2010 with a date of rank and promotion effective date of 21 September 2010
* paying to her any and 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)                                         AR20100028861





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ABCMR Record of Proceedings (cont)                                         AR20100028861



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