IN THE CASE OF:	  

		BOARD DATE:	  15 February 2011

		DOCKET NUMBER:  AR20110000099 


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 to her initial appointment date and date of rank for second lieutenant from 25 June 2010 to 12 March 2009.  She also requests, in effect, promotion to first lieutenant effective 11 September 2010, with entitlement to back pay and allowances.

2.  She states she was commissioned through the Officer Candidate School (OCS) at Fort Benning, GA, on 12 March 2009, and she was granted temporary Federal recognition.  Although the Puerto Rico Army National Guard (PRARNG), Officer Records Management office was supposed to process her permanent Federal recognition packet within 1 year, it was not done until June 2010.  Due to this, her initial appointment and date of rank now read 25 June 2010.

3.  She provides:

* her OCS Diploma
* her appointment memorandum, dated 12 March 2009
* a DA Form 71 (Oath of Office - Military Personnel), dated 12 March 2009
* a National Guard Bureau (NGB) Form 89 (Proceedings of a Federal Recognition Examining Board (FREB)), dated 26 May 2010
* an NGB 337 (Oaths of Office), dated 25 June 2010

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show she was appointed in the PRARNG as a second lieutenant (2LT), effective 12 March 2009, and extended temporary Federal Recognition.  She signed a DA Form 71 effective 12 March 2009.

2.  She completed the basic officer leader course on 22 May 2009.

3.  There is no indication in her records that she was extended permanent Federal recognition for this initial appointment.

4.  On 26 May 2010, an FREB found her qualified for appointment as a 2LT in the PRARNG.

5.  She signed an NGB 337 for appointment in the PRARNG effective 25 June 2010.

6.  On 9 November 2010, NGB published Special Orders Number 248 AR extending her permanent Federal recognition effective 25 June 2010 for her initial appointment in the ARNG.

7.  In the processing of this case, on 4 January 2011, an advisory opinion was provided by the Chief, Personnel Policy Division, NGB.  The advisory official reiterated the applicant’s request.  The official stated the applicant signed the initial Oath of Office on 12 March 2009, but because of a delay in processing the temporary Federal recognition, the date she was federally recognized was
25 June 2010.  The official recommended the PRARNG adjust the applicant's date of rank to reflect the date of the 12 March 2009 Oath of Office.  Based on the approval of the foregoing, the PRARNG may promote the applicant to first lieutenant with a date of rank and effective date no earlier than 11 September 2009 [sic], which is 10 months from the applicant's date of rank.

8.  On 5 January 2011, the advisory opinion was forwarded to the applicant for information and to allow her the opportunity to submit comments or a rebuttal.  The applicant did not respond.

9.  National Guard Regulation 600-100 (Personnel - General, Commissioned Officers - Federal Recognition and Related Personnel Actions), paragraph 2-4b, states the effective date of Federal recognition for original appointment is that date on which the officer executes the oath of office in the State.  Paragraph 2-3 states that temporary Federal recognition upon initial appointment establishes 

the authorized grade to be used by all officers in their federally recognized status. 
Federal recognition will continue in effect as long as the commissioned officer continues to meet requirements of the grade and position or until recognition is withdrawn in accordance with regulations, or as otherwise provided by law.  The FREB 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.

10.  National Guard Regulation 600-101, paragraph 8-8, specifies promotion to first lieutenant requires completion of 2 years time in grade (TIG) and any officer basic course.  By memorandum, subject:  Reduction in the TIG Requirement for Promotion of Reserve Component Officers to First Lieutenant) (NGB - ARH Policy Memo 08-035), dated 25 November 2008, the NGB advised that effective 19 August 2008, the TIG requirement was reduced to a minimum of 18 months TIG provided an individual had completed the basic officer leadership course.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to correction of her records to show she was appointed in the PRARNG and extended Federal recognition as a 2LT effective 12 March 2009, with appropriate adjustment of pay and allowances.  Therefore, the Oath of Office, dated 25 June 2010, and any resulting orders/special orders, should be declared void and of no force or effect. 

2.  She was recommended for appointment in the PRARNG in the rank of 2LT with an effective date and date of rank of 12 March 2009.  Through no fault of the applicant, her temporary extension of Federal recognition expired.  Upon submission of another appointment another oath of office was initiated and her date of rank for 2LT became 25 June 2010, the date that oath was administered. The administrative error in processing and granting her permanent Federal recognition upon her initial appointment and processing of her second appointment packet altered her date of rank through no fault of her own.  She should not be penalized for this action.

3.  The evidence of records shows she completed her officer basic course in May 2009.  Based on the minimum 18 months TIG, the earliest she was eligible for promotion to first lieutenant was 12 September 2010.  Therefore, she is also entitled to promotion to first lieutenant effective 12 September 2010, with entitlement to back pay and allowances.  

BOARD VOTE:

________  ________  ________  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 partial relief.  As a result, the Board recommends that the State Army National Guard records and the Department of the Army records of the individual concerned be corrected by:

	a.  voiding the applicant's NGB 337, dated 25 June 2010, and all resulting orders and special orders, and declaring them to be of no force or effect;

	b.  showing she was appointed in the PRARNG and extended Federal recognition as a second lieutenant, effective 12 March 2009, with all appropriate adjustment of pay and allowances; and

	c.  promoting to her to first lieutenant with a date of rank and effective date of 12 September 2010, with all appropriate adjustment of pay and allowances.

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to promoting to her to first lieutenant with a date of rank and effective date of 11 September 2010, with all appropriate adjustment of pay and allowances.



      _______________________
       	   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)                                         AR20110000099



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ABCMR Record of Proceedings (cont)                                         AR20110000099



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