IN THE CASE OF:	  

		BOARD DATE:	  14 July 2011

		DOCKET NUMBER:  AR20110001895 


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 his initial effective date of appointment and date of rank (DOR) to second lieutenant (2LT) be adjusted from 7 May 2010 to 21 August 2008.

2.  The applicant states he should have received his initial appointment to 2LT, effective 21 August 2008; but he did not due to an administrative oversight and personnel changes.  

3.  The applicant provides:

* National Guard Bureau (NGB) Special Orders Number 275 AR
* NGB Form 337 (Oaths of Office)
* Alaska Army National Guard (AKARNG) Orders 234-015

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. 

2.  On 21 August 2008, he executed an oath of office in the AKARNG and on the same date, the AKARNG Element Joint Force Headquarters published Orders 234-015 appointing him as a chaplain candidate in the AKARNG.

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.  On 6 June 2010, he entered active duty and attended the Chaplain Basic Officer Leader Course (CH-BOLC) at Fort Jackson, SC from 6 June 2010 until he graduated on 2 September 2010.

5.  On 13 December 2010, NGB Special Orders Number 275 AR extended him Federal recognition for initial appointment in the ARNG with an effective date and DOR of 7 May 2010.

6.  An advisory opinion was obtained on 6 June 2011 during the processing of this case.  The Chief of the Personnel Division, NGB, recommended approval of the applicant’s request to adjust his initial appointment date to 21 August 2008.   It was also recommended that he be promoted to first lieutenant (1LT) effective 2 September 2010 (the date he graduated from CH-BOLC) and that he receive all back pay and allowances.  The applicant was provided a copy of this advisory opinion; however, he did not respond. 

7.  National Guard Regulation (NGR) 600-100 provides procedures for processing applications for Federal recognition.  Paragraph 2-1 states commissioned officers of the ARNG are appointed by 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.

8.  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 to be promoted to 1LT with a minimum of 18 months time in grade and completion of the OLC if otherwise qualified.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant was granted temporary Federal recognition effective 21 August 2008 upon his initial appointment in the AKARNG and execution of the oath of office.  At that time, his complete Federal recognition packet and allied documents should have been forwarded to The Adjutant General, Alaska, for endorsement to the NGB for an extension of permanent Federal recognition.   This action was not taken due to no fault of the applicant. 

2.  It is unclear why the applicant's Federal recognition packet was not processed properly.  Nevertheless, this administrative error denied him Federal recognition effective 21 August 2008.  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 21 August 2008.  


3.  Furthermore, had his initial Federal recognition date been correct, he would have been promoted to 1LT effective 2 September 2010.  Therefore, he is also entitled to have Federal recognition orders published to show he was promoted to 1LT with the effective date and DOR of permanent Federal recognition in the rank of 1LT as 2 September 2010.  

4.  He is also entitled to receive back pay and allowances as a result of the correction of his initial appointment date 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 State Army National Guard records and all Department of the Army records of the individual concerned be corrected by:

* amending Federal recognition Special Orders Number 218 AR, dated 13 December 2010, to show he was extended Federal recognition in the rank of 2LT effective 21 August 2008
* issuing Federal Recognition Special Orders to show he was extended Federal recognition for promotion to 1LT with an effective date and DOR of 2 September 2010
* 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)                                         AR20110001895



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ABCMR Record of Proceedings (cont)                                         AR20110001895



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