BOARD DATE:	  8 March 2011

		DOCKET NUMBER:  AR20100029809 


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 effective date of appointment and date of rank (DOR) to second lieutenant (2LT) from 8 September 2010 to 22 January 2009
* promotion to first lieutenant (1LT) effective 23 July 2010
* restoration of back pay and allowances

2.  The applicant states he received a direct commission on 22 January 2009. His Texas Army National Guard (TXARNG) personnel section mailed the completed Federal recognition packet to the National Guard Bureau (NGB) on 29 January 2009.  The packet was lost and he did not receive Federal recognition.  He adds that in July 2010, his packet was submitted to the State for promotion to 1LT.  The State published the promotion order but when the packet reached the NGB, it was discovered that he had not received Federal recognition for initial appointment.  The error occurred through no fault of his. 

3.  The applicant provides:

* Orders 029-10190 (first appointment orders)
* his first NGB Form 337 (Oaths of Office)
* Orders 252-1020 (second appointment orders)
* his second NGB Form 337
* his DA Form 71 (Oath of Office - Military Personnel)
* Orders 208-1300 (promotion to 1LT orders) and Orders 343-1056 (revocation of promotion orders)
* NGB Special Orders Number 273 AR
* his DA Form 1059 (Service School Academic Evaluation Report)

CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service, the applicant's records show he was found professionally qualified for appointment as a 2LT, Chaplain Candidate, on an unknown date in 2008 or 2009. 

2.  On 22 January 2009, he executed an NGB 337 in the TXARNG and on 29 January 2009, Texas Military Forces, Adjutant General's Department, TXARNG, published Orders 029-1090 appointing him a 2LT in the basic branch of Staff Specialist with a pay entry basic date (PEBD) of 22 January 2009.

3.  The available record does not indicate his appointment packet was considered by a Federal Recognition Board (FRB) to determine if he was qualified to be awarded Federal recognition.

4.  He attended the Chaplain Basic Officer Leaders Course (CH-BOLC) from 10 January 2010 to 9 April 2010 at Fort Jackson, SC and he graduated on this date.

5.  On 27 July 2010, Texas Military Forces, Adjutant General's Department, TXARNG, published Orders 208-1300 promoting him to 1LT with an effective date and DOR of 23 July 2010, 18 months after his initial appointment date.

6.  On 8 September 2010, he executed a second NGB Form 337 and on 9 September 2010, the Texas Military Forces, Adjutant General's Department, TXARNG published:

* Orders 252-1020, again appointing him as a 2LT, Staff Specialist, in the TXARNG, effective 8 September 2010
* Orders 252-1018, revoking Orders 029-1090, issued on 29 January 2009 by the Texas Military Forces, Adjutant General's Department, TXARNG, appointing him as a 2LT, Staff Specialist, in the TXARNG, effective
22 January 2009
* Orders 343-1056, revoking Orders 208-1300, issued on 27 July 2010 by the Texas Military Forces, Adjutant General's Department, TXARNG, promoting him to 1LT, effective 23 July 2010

7.  On 9 December 2010, NGB Special Orders Number 273 AR extended him Federal recognition for initial appointment in the ARNG with an effective date and DOR of 8 September 2010, the date he executed his second NGB Form 337.

8.  On 4 November 2010, Texas Military Forces, Adjutant General's Department, TXARNG, published Orders 308-1058, appointing him as a chaplain in the TXARNG in the rank of 1LT, effective 28 October 2010.

9.  In the processing of this case, on 21 January 2011, an advisory opinion was obtained from the Chief, Personnel Division, NGB.  After careful review, the advisory official recommended approval of the applicant’s request to adjust his initial appointment date to 22 January 2009, promotion to 1LT on 23 July 2010, and restoration of back pay and allowances.  On 24 January 2011, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

10.  National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions) provides procedures for processing applications for Federal recognition.  Paragraph 2-1 states commissioned officers of the ARNG are appointed by the 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.

	a.  Paragraph 2-2 states that 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. 

	b.  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. 

	c.  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 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.

	d.  Paragraph 10-15b states 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.

11.  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, state in pertinent part, that "this memorandum establishes Department of the Army Policy authorizing Reserve Component 2LTs on the Reserve Active Status List (RASL) to be promoted to 1LT with a minimum of 18 months time in grade (TIG) and completion of the BOLC, if otherwise qualified." 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was granted temporary Federal recognition effective 22 January 2009 upon his initial appointment in the TXARNG and execution of the NGB Form 337.  At that time, his 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.  Through no fault of the applicant, this action was not taken.

2.  Upon promoting the applicant to 1LT, it was discovered that he had not been extended Federal recognition for his initial appointment.  As such, he executed a second NGB Form 337 on 8 September 2010.  Based on this second date, NGB issued orders awarding him permanent Federal recognition effective 8 September 2010.  This administrative error denied him both timely Federal recognition for initial appointment and timely promotion to 1LT.


3.  It is clear that an administrative error denied him permanent Federal recognition effective 22 January 2009.  Based on applicable law and regulation, he is entitled to have his Federal recognition orders amended to show the effective date of permanent Federal recognition in the rank of 2LT as 22 January 2009.

4.  Furthermore, had the applicant's Federal recognition date been correct, he would have been promoted to 1LT effective 23 July 2010.  Therefore, the applicant is entitled to have Federal recognition orders issued to grant him Federal recognition for promotion to 1LT with an effective date and date of rank as 23 July 2010 and to receive back pay and allowances as a result of correction of his initial appointment and promotion to 1LT.

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 273 AR, dated 9 December 2010, to show he was extended Federal recognition in the grade of 2LT effective
22 January 2009; 

	b  issuing NGB Special Orders to show he was extended Federal recognition for promotion to 1LT effective and with a date of rank of 23 July 2010; and


	c.  paying to 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)                                         AR20100029809



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100029809



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1