IN THE CASE OF:
BOARD DATE: 6 October 2011
DOCKET NUMBER: AR20110004423
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, in effect, his records be corrected to show he received permanent Federal recognition for an initial appointment as a second lieutenant in the North Carolina Army National Guard National (NCARNG) on 16 December 2007.
2. The applicant states:
* His Federal Recognition effective date should be 16 December 2007
* He was discharged as an enlisted member from the NCARNG on
15 December 2007 to accept an appointment in the ARNG on 16 December 2007
* He signed a DA Form 71 (Oath of Office Military Personnel) and NGB [National Guard Bureau] Form 337 (Oaths of Office) on 16 December 2007 but the NGB Form 337 was incorrectly dated 8 February 2008
* His State appointment order was incorrectly effective 8 February 2008 which in turn led to the Federal Recognition order being incorrectly dated 8 February 2008
3. The applicant provides:
* DA Form 71
* NGB Form 337
* Discharge orders
* State appointment orders
* Federal Recognition orders
CONSIDERATION OF EVIDENCE:
1. He enlisted in the NCARNG on 27 July 2006 for a period of 8 years. He was honorably discharged from the NCARNG on 15 December 2007.
2. On 16 December 2007, he executed an Oath of Office as a Reserve commissioned officer in the rank of second lieutenant.
3. On 8 February 2008, he executed an Oaths of Office in the NCARNG and was granted temporary Federal recognition in the rank of second lieutenant. NCARNG orders show he was appointed in the ARNG effective 8 February 2008.
4. NGB Special Orders Number 130 AR, dated 21 May 2008, show the applicant was extended Federal recognition for initial appointment in the rank of second lieutenant effective 8 February 2008. His date of rank (DOR) is shown as 16 December 2007.
5. He was promoted to first lieutenant on 16 June 2009.
DISCUSSION AND CONCLUSIONS:
1. He contends his Federal Recognition date should be 16 December 2007.
2. Records show the applicant was appointed a Reserve commissioned officer on 16 December 2007. However, he did not execute an Oaths of Office as a member of the NCARNG until 8 February 2008. At the time he executed his Oath of Office in the Army National Guard he was granted temporary Federal Recognition.
3. The applicant's records correctly show credit for the period of time that he did not have Federal Recognition which is reflected in the DOR of 16 December 2007, the date used for promotion purposes. The Federal Recognition date of
8 February 2008 is the date that is used for pay purposes. Records show the applicant was awarded permanent Federal Recognition on 8 February 2008 which is the date correctly reflected on his records.
4. There is no evidence in the available records and the applicant has not submitted sufficient evidence which shows he should have been granted Federal Recognition in the NCARNG on 16 December 2007.
5. Absent evidence to show the applicant's permanent Federal Recognition for initial appointment as a second lieutenant in the NCARNG was erroneous, there is no basis to grant the relief requested in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20110004423
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ABCMR Record of Proceedings (cont) AR20110004423
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