IN THE CASE OF:	 

		BOARD DATE:	  19 July 2011

		DOCKET NUMBER:  AR20100030173 


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 the date of his appointment as a commissioned officer and date of rank (DOR) for second lieutenant (2LT)/pay grade O-1, and consideration for promotion to first lieutenant (1LT)/pay grade
O-2 based on the corrected date of appointment and DOR.

2.  The applicant states he completed Officer Candidate School (OCS) on
20 March 2009 and received his Reserve appointment as a commissioned officer with temporary Federal Recognition on 21 March 2009.

   a.  He states his documents were not submitted to the National Guard Bureau (NGB) for permanent Federal Recognition.  As a result, the temporary Federal Recognition of his appointment expired.

   b.  He adds he has since received permanent Federal Recognition of his initial appointment with an effective date of 15 July 2010.

3.  The applicant provides copies of his initial Federal Recognition packet, OCS diploma, oaths of office, and discharge/appointment orders.

CONSIDERATION OF EVIDENCE:

1.  An NGB Form 22 (Report of Separation and Record of Service) shows the applicant enlisted in the Army National Guard of the United States (ARNGUS) and Hawaii Army National Guard (HIARNG) on 1 February 2008 and he was honorably discharged on 20 March 2009 to accept appointment as a commissioned officer.  He completed 1 year, 1 month, and 20 days of net service.

2.  A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant was ordered to active duty for training (ADT) on 24 May 2010 and he was honorably released from ADT on 23 September 2010.  It also shows he completed the Military Intelligence Basic Officer Leadership Course and that he had completed 4 months net active service.

3.  NGB, Special Orders Number 281 AR, dated 16 December 2010, announced the extension of Federal Recognition in the ARNG for the applicant's initial appointment in the grade of 2LT, effective 15 July 2010.

4.  In support of his request the applicant provides the following documents:

   a.  An NGB [Form] 89 (Proceedings of a Federal Recognition Examining Board), dated 22 February 2009, that shows the applicant was found qualified for appointment as a commissioned officer in the rank of 2LT in the Military Intelligence branch and extended temporary Federal Recognition contingent upon evidence of satisfactory completion of OCS.  The board also recommended the applicant be granted Federal Recognition.

   b.  An ARNG OCS Diploma that shows the applicant successfully met all the requirements of the accelerated OCS conducted at Fort McClellan, AL, and was declared a graduate on 20 March 2009.	

	c.  State of Hawaii, Office of The Adjutant General, Honolulu, HI, Orders
106-011, dated 16 April 2009, that honorably discharged the applicant as a specialist (E-4) from the ARNGUS and HIARNG, effective 20 March 2009.

   d.  A DA Form 71 (Oath of Office - Military Personnel) that shows the applicant  was appointed as a Reserve commissioned officer in the ARNGUS in the grade of 2LT (O-1), effective 21 March 2009.

   e.  An NGB [Form] 337 (Oaths of Office) that shows the applicant  was granted temporary Federal Recognition in the grade of 2LT (O-1) in the HIARNG, effective 21 March 2009.

   f.  State of Hawaii, Office of The Adjutant General, Honolulu, HI, Orders
106-018, dated 16 April 2009, that appointed the applicant in the ARNG in the grade of 2LT and extended him temporary Federal Recognition, effective
21 March 2009.

5.  In the processing of this case, an advisory opinion was obtained from the Chief, Personnel Policy Division, NGB.

	a.  The advisory official recommends approval of the applicant's request for correction of his date of appointment as 2LT to 21 March 2009.  He also recommends the applicant be promoted to 1LT, effective 21 September 2010, and payment of all appropriate back pay and allowances.

   b.  He confirms that the applicant:

* was found qualified for appointment as a commissioned officer in the rank of 2LT on 22 February 2009 contingent upon completion of OCS
* completed OCS on 20 March 2009
* was administered the oaths of office on 21 March 2009
* was appointed in the HIARNG on 21 March 2009

   c.  He states that due to an administrative error and no fault of the Soldier, he did not receive Federal Recognition until 15 July 2010.

   d.  The advisory official cites Department of the Army, memorandum, dated 19 August 2008, subject:  Reduction in Time in Grade, as the authority for the applicant's promotion to 1LT, effective 21 September 2010.

   e.  The HIARNG concurs with the NGB advisory opinion.

6.  The applicant was provided a copy of the NGB advisory opinion in order to have the opportunity to comment.  On 6 January 2011, the applicant provided his unconditional concurrence with the advisory opinion.

7.  National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions) provides procedures for processing applications for Federal Recognition.

   a.  Paragraph 2-1 provides that 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.

   b.  Paragraph 2-3a provides that temporary Federal Recognition upon appointment establishes the authorized grade to be used by all officers in their Federally Recognized status.

   c.  Title 32, U.S. Code, section 308, allows for temporary Federal Recognition for one year.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show he was appointed as a commissioned officer in the grade of 2LT on 21 March 2009 and, as a result of the correction, he should be promoted to 1LT with all appropriate back pay and allowances.

2.  Records show the applicant completed OCS and he was discharged from the ARNG on 20 March 2009 to accept appointment as a commissioned officer.

3.  The applicant executed the Oath of Office as a Reserve commissioned officer in the ARNGUS in the grade of 2LT and he was granted temporary Federal Recognition in the grade of 2LT in the HIARNG, effective 21 March 2009.  In addition, the HIARNG promulgated the applicant's appointment and temporary Federal Recognition, effective 21 March 2009.

4.  For reasons that are not clear, but due to an administrative error and no fault of the applicant, the applicant did not receive Federal Recognition in the ARNG until 15 July 2010.

5.  Therefore, in view of all of the foregoing and as a matter of equity, it would be appropriate to correct the applicant's records to show he was initially appointed in the ARNGUS in the grade of 2LT and that he was granted Federal Recognition of his appointment in the grade of 2LT, effective 21 March 2009.

6.  In addition, as a result of this correction, the applicant should be promoted to 1LT (O-2) in the ARNGUS and HIARNG, effective 21 September 2010, provided he was otherwise in a promotion-eligible status as of that date.

BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  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.  showing he was initially appointed in the ARNGUS in the grade of 2LT and that he was granted Federal Recognition of his appointment in the grade of 2LT, effective 21 March 2009;

	b.  promoting him to the rank of 1LT (O-2), effective and with a DOR of
21 September 2010, provided he in a promotion-eligible status as of that date; and, if so eligible;

	c.  granting him Federal Recognition in the rank of 1LT (O-2), effective and with a DOR of 21 September 2010.

2.  As a result of the above corrections, the Defense Finance and Accounting Service shall be notified of the Board's determination and remit all back pay
(i.e., pay and allowances, less any withholdings and/or deductions) that may be due as a result of the correction.




      _______ _   _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)                                         AR20100030173



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ABCMR Record of Proceedings (cont)                                         AR20100030173



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