IN THE CASE OF:	  

		BOARD DATE:	  30 June 2011

		DOCKET NUMBER:  AR20110000835 


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 his records to show 19 March 2009 as his Federal recognition date for the rank of second lieutenant (2LT); promotion to the rank of first lieutenant (1LT), effective 19 September 2010; and any back pay and allowances due as a result of these corrections.

2.  The applicant states he was appointed as a 2LT in the Army National Guard (ARNG) on 19 March 2009 (based on temporary Federal recognition).  He states he was informed in May 2010 that he had lost Federal recognition due to an administrative error and he has now been re-appointed with an effective date of 15 June 2010.

3.  The applicant provides:

* National Guard Bureau (NGB) 89 (Proceeding of a Federal Recognition Examining Board), dated 15 July 2008
* NGB 337 (Oaths of Office), 19 March 2009
* Oklahoma National Guard, Joint Force Headquarters, Orders 085-004
* NGB 89, dated 15 July 2009
* his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* NGB 337 (Oaths of Office), 15 June 2010
* Oklahoma National Guard, Joint Force Headquarters, Orders 181-055
* NGB Special Orders Number 276 AR



CONSIDERATION OF EVIDENCE:

1.  An NGB 89, dated 15 July 2008, shows it was recommended that the applicant be granted Federal recognition as a 2LT.

2.  Orders 85-004, dated 26 March 2009, appointed him to 2LT in the Staff Specialist Branch, effective 3 October 2008.

3.  He executed an NGB 337 as a 2LT in the Oklahoma National Guard on 19 March 2009.

4.  A second NGB 89, dated 15 July 2009, shows it was recommended that the applicant be granted Federal recognition as a 2LT.

5.  The Oklahoma National Guard published Orders 343-035, dated 9 December 2009, ordering him to active duty for training for the purpose of attending the Chaplain Initial Military Training (Chaplain Basic Officer Leadership Course (BOLC), Phases 1 through 4).  A DD Form 214 shows he served on active duty during the period 9 January through 10 April 2010 and that he had completed the Chaplain BOLC.

6.  He executed a second NGB 337 as a 2LT in the Oklahoma National Guard on 15 June 2010.

7.  The Oklahoma National Guard published Orders 181-055, dated 30 June 2010, appointing him as a 2LT effective 15 June 2010.

8.  NGB Special Orders Number 276 AR, dated 14 November 2010, show he was extended Federal recognition with an initial appointment to 2LT on 15 June 2010.

9.  In the processing of this case, on 11 January 2011, an advisory opinion was obtained from the NGB, Chief, Personnel Policy Division.  The advisory official recommended approval of the applicant's request to adjust his initial appointment date to the rank of 2LT to 19 March 2009 based on the facts that:

   a.  his Federal Recognition Examining Board was completed on 19 March 2009 and he was found qualified to be appointed to the rank of 2LT; and
   
   b.  the Oklahoma National Guard published Orders 85-004, dated 26 March 2009, appointing him to 2LT in the Staff Specialist Branch, effective 19 March 2009.

10.  The advisory official stated that in May 2010 it was discovered by the Oklahoma ARNG Officer Branch personnel that the applicant did not receive Federal Recognition for his initial appointment to 2LT.  The official stated that a second Federal Recognition Examining Board was completed; the applicant signed a second oath of office, and the Oklahoma ARNG published order number 181-055 appointing him to 2LT effective 15 June 2010. 

11.  The advisory official also recommended the applicant's promotion to the rank of 1LT, effective 19 September 2010, and that he receive all back pay and allowances due as a result of these changes.

12.  The applicant was provided a copy of the advisory opinion for information and to allow him the opportunity to submit comments or a rebuttal.  In his response, he stated that he supported the recommendation, in whole, found by the NGB.

13.  National Guard Regulation 600-100, paragraph 2-2, states that the effective date of Federal recognition for original appointment is the date on which a commissioned officer executes the oaths of office in the State.  Additionally, paragraph 2-13 states 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.

14.  Department of the Army, Office of the Assistant Secretary, Manpower and Reserve Affairs memorandum, subject:  Reduction in the Time in Grade (TIG) Requirement for Promotion of Reserve Component Officers to 1LT, dated 19 August 2008, authorizes Reserve Component 2LTs on the Reserve Active Status List (RASL) to be promoted with a minimum of 18 months TIG and completion of the BOLC, if otherwise qualified.

DISCUSSION AND CONCLUSIONS:

1.  It appears the applicant was not extended permanent Federal recognition to 2LT due to his Federal recognition packet not being properly processed.  As such, it would be appropriate to adjust his Federal recognition effective date and date of rank as a 2LT to 19 March 2009.

2.  The evidence indicates he met the requirements (including completion of BOLC) for promotion to 1LT on 19 September 2010 if an adjustment is made to his effective date of Federal recognition to 2LT.  As such, he is eligible for promotion to the rank of 1LT with an effective date and date of rank of 19 September 2010, if otherwise eligible.
3.  In view of the foregoing, the applicant is entitled correction of his records as shown below.

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:

 	a.  showing he was appointed in the ARNG in the rank of 2LT with an effective date and date of rank of 19 March 2009 and granted Federal recognition effective that date; and

	b.  by promoting him to the rank of 1LT with an effective date and date of rank of 19 September 2010, if otherwise qualified, and granting him Federal recognition effective that date.

2.  The Board further recommends that based on the above corrections the Defense Finance and Accounting Service (DFAS) should review the applicant's pay account and pay him any money that becomes due based upon the above 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)                                         AR20110000835



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ABCMR Record of Proceedings (cont)                                         AR20110000835



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