IN THE CASE OF:	  

		BOARD DATE:	  26 April 2011

		DOCKET NUMBER:  AR20110002758 


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 3 October 2008 as his Federal recognition date for the rank of second lieutenant (2LT); promotion to the rank of first lieutenant (1LT), effective 3 April 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 3 October 2008 based on temporary Federal recognition.  He further states that due to an administrative error his Federal recognition packet was not processed through the National Guard Bureau (NGB) in a timely manner, allowing his temporary Federal recognition to expire.

3.  The applicant provides:

* a letter from the Director of Personnel/G1, Oklahoma ARNG (OKARNG), Joint Force Headquarters, Oklahoma City, OK, to the Board, subject:  Correction of Military Records for (applicant), dated 29 December 2010
* a letter from the G1 - Officer Branch Chief, OKARNG, Joint Force Headquarters, subject:  Reinstatement of Initial Appointment and Promotion, (applicant's name), dated 29 December 2010
* OKARNG, Joint Force Headquarters, Orders 351-052, dated
17 December 2010
* two NGB 337s (Oaths of Office)
* two DA Forms 71 (Oath of Office - Military Personnel)


* his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* NGB Special Orders Number 248 AR, dated 9 November 2010
* OKARNG, Joint Force Headquarters, Orders 189-010, dated 8 July 2010
* NGB 89 (Proceeding of a Federal Recognition Examining Board), dated 15 June 2010

CONSIDERATION OF EVIDENCE:

1.  The applicant initially enlisted in the ARNG on 29 March 2002 in pay grade
E-3.

2.  On 3 October 2008, he executed an NGB 337 as a 2LT in the OKARNG.

3.  Orders 282-001, dated 8 October 2008, appointed him to 2LT in the Aviation Branch, effective 3 October 2008.

4.  An NGB 89, dated 15 June 2010, shows it was recommended that the applicant be granted Federal recognition as a 2LT.  NGB Special Orders Number 248 AR, dated 9 November 2010, show he was extended Federal recognition with an initial appointment to 2LT on 15 June 2010.

5.  The Oklahoma ARNG published Orders 189-010, dated 8 July 2010, appointing him as a second lieutenant effective 15 June 2010.

6.  A DD Form 214 shows he served on active duty during the period 27 June 2009 through 9 November 2010 for the purpose of completing the Initial Entry Rotary Wing (IERW):  UH-60 Course.  A DA Form 1059 (Service School Academic Evaluation Report) shows he completed this course on 9 November 2010.

7.  An Army Training Requirements and Resources System (ATRRS) printout shows he completed the Aviation Basic Officer Leader (Part A) on 14 September 2009.

8.  OKARNG Orders 351-052, dated 17 December 2010, promoted him to the rank of 1LT, effective 3 April 2010.

9.  A letter from the OKARNG, Joint Force Headquarters G1 - Officer Branch Chief, indicates the applicant's Federal recognition packet was either not sent to the NGB or had dropped out of the system.  This necessitated boarding the applicant a second time on 15 June 2010.

10.  The Director of Personnel/G1, OKARNG, Joint Force Headquarters, provided a memorandum to the Board requesting adjustment of the applicant's appointment date to his initial appointment date of 3 October 2008.  The OKARNG official stated this would then allow for his total time and his promotion date of 3 April 2010.

11.  In the processing of this case, on 11 February 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 3 October 2008 based on National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions) as well as the oaths of office he signed.

12.  The advisory official also recommended the applicant's promotion to the rank of 1LT, effective 3 April 2010, and that he receive all back pay and allowances due as a result of these changes.

13.  The applicant was provided a copy of the advisory opinion for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

14.  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 2-12 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.

15.  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.

16.  National Guard Bureau (NGB) memorandum, dated 27 January 2010, stated BOLC B Phases 1 and 2 were repositioned within Flight School XXI, and effective that date are completed prior to the Initial Entry Rotary Wing Common Core and Airframe Track courses of instruction.  Therefore, 2LTs entering flight school after 9 October 2009 can be considered for promotion prior to the 


completion of flight school.  Those who entered flight school prior to 9 October 2009 had to complete BOLC III Part A prior to being considered for promotion.

DISCUSSION AND CONCLUSIONS:

1.  It appears the applicant was not extended permanent Federal recognition to 2LT due to his Federal recognition packet not being processed in a timely manner.  As such, it would be appropriate to adjust his Federal recognition effective date and date of rank as a 2LT to 3 October 2008.

2.  The evidence indicates he met the requirements (including completion of BOLC III Part A) for promotion to 1LT on 3 April 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 3 April 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:

1.  The Board determined the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all the State of Oklahoma ARNG and Department of the Army records of the individual concerned be corrected by:

	a.  showing he was appointed in the ARNG in the rank of second lieutenant with an effective date and date of rank of 3 October 2008 and granted Federal recognition effective that date; and

	b.  by promoting him to the rank of first lieutenant with an effective date and date of rank of 3 April 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 audit the applicant's pay account and pay him any money that becomes due.



      __________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)                                         AR20110002758



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ABCMR Record of Proceedings (cont)                                         AR20110002758



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