BOARD DATE:	  30 June 2011

		DOCKET NUMBER:  AR20100029744 


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, his records be corrected to show he received permanent Federal recognition for initial appointment as a second lieutenant in the Hawaii Army National Guard National (HIARNG) on 21 March 2009.  He also requests to be promoted to first lieutenant effective 21 September 2010 with all back pay and allowances.
 
2.  The applicant states:

* his current date of rank (DOR) and commissioned service date are in error
* on 22 February 2009 he was pre-boarded by the State Federal Recognition Board and received his Reserve appointment with temporary Federal recognition on 21 March 2009
* he completed Officer Candidate School on 20 March 2009
* through a tracking error, his documents were never submitted to the National Guard Bureau (NGB) Federal Recognition Branch for final/permanent Federal recognition and subsequently his temporary Federal recognition expired
* he has since been re-boarded

3.  The applicant provides:

* memoranda, dated 22 February 2009 and 15 July 2010
* Proceedings of a Federal Recognition Examining Board
* orders, dated 16 April 2009


* diploma
* oaths of office

CONSIDERATION OF EVIDENCE:

1.  On 22 February 2009, a Federal recognition board was held by the HIARNG to determine if the applicant was qualified to be awarded Federal recognition as a second lieutenant.  The proceedings indicated the applicant was satisfactory in his physical qualifications, moral character, and general qualifications.

2.  He completed Officer Candidate School on 20 March 2009.

3.  On 21 March 2009, he executed the oaths of office in the grade of second lieutenant in the HIARNG and was granted temporary Federal recognition.  HIARNG orders show he was appointed in the ARNG effective 21 March 2009.

4.  He completed the Engineer Basic Officer Leader Course (BOLC) on 26 March 2010.

5.  There is no evidence he received permanent Federal recognition as a second lieutenant from the NGB within the 6-month period required by Army National Guard regulations.  As a result, his temporary Federal recognition expired.

6.  It appears a Federal recognition board was held on 15 July 2010 by the HIARNG to determine if the applicant was qualified to be awarded Federal recognition as a second lieutenant.  The proceedings apparently indicated he was satisfactory in his physical qualifications, moral character, and general qualifications.

7.  NGB Special Orders Number 276 AR, dated 14 December 2010, show the applicant was extended Federal recognition for initial appointment in the grade of second lieutenant effective 15 July 2010.

8.  In the processing of this case, a staff advisory opinion was obtained from the Chief, Personnel Policy Division, NGB.  That office recommends approval of the applicant's request to adjust his DOR for second lieutenant to 21 March 2009 and that he be promoted to first lieutenant effective 21 September 2010.

9.  The advisory opinion points out:

	a.  his Federal recognition board was conducted on 22 February 2009 and he was found qualified for appointment to the rank of second lieutenant.  He signed the oaths of office on 21 March 2009 and the HIARNG appointed him on 21 March 2009.  Due to an administrative error and no fault of his own, he did not receive permanent Federal recognition until 15 July 2010.

	b.  he completed Officer Candidate School on 20 March 2009.

	c.  National Guard Regulation 600-100 (Commissioned Officers – Federal Recognition and Related Personnel Actions), paragraph 2-2, states, "the effective date of Federal recognition for original appointment is the date on which the commissioned officer executes the oaths of office in the State."  Paragraph 2-3a states, "temporary Federal recognition upon appointment establishes the authorized grade to be used by all officers in their Federally-recognized status.  Title 32, U.S. Code, section 308, allows for temporary Federal recognition for 1 year."

10.  The opinion states HIARNG should amend State orders appointing the applicant as a second lieutenant to be effective 21 March 2009 and per Department of the Army memorandum, dated 19 August 2008, subject:  Reduction in Time in Grade, he should be promoted to first lieutenant effective 21 September 2010.

11.  A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal.  The applicant did not respond within the given time frame.

12.  National Guard Regulation 600-100 provides procedures for processing all applications for Federal recognition.  Paragraph 2-2 states that the effective date of Federal recognition for original appointment is that date on which the commissioned officer executes the oaths of office in the State.  Paragraph 2-3a states that temporary Federal recognition upon initial appointment establishes the authorized grade to be used by all officers in their Federally-recognized status.  Paragraph 2-13 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.  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 Federal recognition board should be convened to consider the request again and grant a new period of temporary Federal recognition if warranted.

13.  Table 2-1 of Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) states the minimum time in grade as a second lieutenant for promotion to first lieutenant is 2 years.

14.  Table 2-2 of Army Regulation 135-155 states that second lieutenants must complete a resident BOLC to be eligible for promotion to first lieutenant.

15.  An Office of the Assistant Secretary of the Army for Manpower and Reserve Affairs memorandum, dated 19 August 2008, and NGB Policy Memorandum Number 08-035, dated 25 November 2008, established the Department of the Army policy authorizing Reserve Component second lieutenants to be promoted with a minimum of 18 months of time in grade and completion of BOLC.  The effective date of promotion will not precede 19 August 2008.

DISCUSSION AND CONCLUSIONS:

1.  His requests to correct his records to show he received permanent Federal recognition for initial appointment as a second lieutenant in the HIARNG on 21 March 2009 and to be promoted to first lieutenant effective 21 September 2010 have merit.

2.  Records show he was granted temporary Federal recognition effective 21 March 2009 upon his initial appointment in the HIARNG 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 Hawaii for endorsement to NGB for extension of permanent Federal recognition.  Through no fault of the applicant, this action was not taken.

3.  Subsequently, NGB issued orders extending Federal recognition for initial appointment in the grade of second lieutenant effective 15 July 2010.

4.  From the foregoing, it is clear that an administrative error denied the applicant Federal recognition effective 21 March 2009.

5.  Based on applicable law and regulations, the applicant is entitled to have NGB Special Orders Number 276 AR, dated 14 December 2010, amended to show the effective date of permanent Federal recognition in the grade of second lieutenant is 21 March 2009.

6.  Additionally, based on the above correction and that the applicant successfully completed the Engineer BOLC on 26 March 2010 and met the time-in-grade requirement for promotion to the grade of first lieutenant, the applicant is entitled to be awarded permanent Federal recognition for promotion to first lieutenant 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 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.  amending NGB Special Orders Number 276 AR, dated 14 December 2010, to show he was extended Federal recognition effective 21 March 2009 in the grade of second lieutenant;

	b.  promoting the applicant to the grade of first lieutenant with an effective date and date of rank of 21 September 2010 and granting him Federal recognition as a first lieutenant effective this date; and

	c.  paying to him 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)                                         AR20100029744



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ABCMR Record of Proceedings (cont)                                         AR20100029744



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