IN THE CASE OF:	  

		BOARD DATE:	    21 April 2011

		DOCKET NUMBER:  AR20110004594 


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 her original appointment date as a second lieutenant (2LT) be restored and her date of rank (DOR) be adjusted to the proper date.

2.  The applicant states she was appointed in the Indiana Army National Guard (INARNG) on a temporary Federal recognition on 13 December 2008.  Her packet did not go through the National Guard Bureau (NGB) in time and her temporary Federal recognition expired.  She was reappointed on 18 November 2009 and during this period she stayed an active drilling member.  The error was the fault of an administrative error that was discovered during processing.

3.  The applicant provides:

* her DA Form 1059 (Service School Academic Evaluation Report)
* her NGB Form 23B (Army National Guard Retirement Points History Statement)
* three orders
* two DA Forms 71 (Oath of Office - Military Personnel)
* two NGB Forms 337 (Oaths of Office)
* a DA Form 5074-1-R (Record of Award of Entry Grade Credit (Health Services Officers)

CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service in the INARNG, the applicant's records show she was appointed as a 2LT Chemical (CM) Branch officer in the INARNG on 13 December 2008.  She executed a DA Form 71 and NGB Form 337 on the same date.

2.  Orders Number 302-1107, issued by the Military Department of Indiana, Indianapolis, IN, dated 29 October 2009, appointed her as a 2LT (CM) in the INARNG, effective 13 December 2008.  She executed a DA Form 71 and an NGB Form 337, both dated 13 December 2008.

3.  The additional instruction block of this order states, in part, "Temporary Federal recognition is granted from effective date of recognition until permanent Federal recognition is received, or until expiration of the 6 month period of temporary Federal Recognition permitted by law." 

4.  Her temporary Federal recognition expired and on 18 November 2009 she executed a second DA Form 71 and NGB Form 337 as a 2LT in the INARNG.

5.  Orders Number 012-1031, issued by Joint Force Headquarters - Indiana, Indianapolis, dated 12 January 2010, appointed her as a 2LT Medical Services (MS) officer in the INARNG, effective 18 November 2009.

6.  She completed the Army Medical Department (AMEDD) Basic Leadership Course on 1 June 2010.

7.  On 13 December 2010, NGB issued Special Orders Number 275 AR extending her Federal recognition for her initial appointment in the INARNG as an MS officer in the rank of 2LT with an effective date of 18 November 2009 and a DOR of 2 June 2009.

8.  In the processing of this case, on 11 March 2011, an advisory opinion was received from the Chief, Personnel Policy Division, NGB.  The advisory official recommended approval of the applicant's request to adjust her initial appointment date to 13 December 2008, promote her to the rank of first lieutenant (1LT) with a DOR of 13 June 2010, and grant her all back pay and allowances due as a result of the adjustments.  The advisory official stated the applicant's temporary Federal recognition had expired due to an administrative error by the State.  As the State published orders appointing her to the rank of 2LT effective 19 November 2009, the Federal recognition order was published for the Soldier's initial appointment to 2LT effective 18 November 2009.  However, the initial appointment date should have been 13 December 2008, the date the applicant first executed the oath of office as a 2LT.  The state concurred with the recommendation.

9.  On 14 March 2011, the advisory opinion was forwarded to the applicant for information and to allow her the opportunity to submit comments or a rebuttal.  She did not respond.

10.  National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions), chapter 2, states, "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.  Temporary Federal recognition upon initial appointment may be extended to an officer who has been appointed in the ARNG of a State and found qualified by a Federal recognition board pending final determination of eligibility and appointment as a Reserve commissioned officer of the Army.  Should the initial period of temporary Federal recognition expire due to administrative processing delays though no fault of the applicant, a subsequent Federal recognition board should be convened and another period of temporary Federal recognition granted, if warranted."  

11.  NGB Policy Memorandum 08-035, dated 25 November 2008, subject:  Reduction in the Time in Grade (TIG) Requirements for Promotion of Reserve Component Officers to 1LT states, "This policy authorizes all National Guard officers in the rank of 2LT on the Reserve Active-Status List to be promoted with a minimum of 18 months TIG.  Second lieutenants may be promoted to at 18 months TIG provided they have completed the Basic Officer Leadership Course and are otherwise qualified."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was appointed as a 2LT (CM) in the INARNG and she executed an oath of office on 13 December 2008.  Through no fault of her own, her temporary Federal recognition expired and she was appointed as a 2LT (MS) in the INARNG and executed an oath of office on 18 November 2009.

2.  She was extended Federal recognition for her initial appointment in the INARNG as a 2LT with an effective date of 18 November 2009.  It appears the expiration of her temporary Federal recognition was an administrative error on the part of the State and she should have been extended Federal recognition for her initial appointment as a 2LT with an effective date of 13 December 2008 and a DOR to 2LT of 13 December 2008.  Therefore, she is entitled to correction of her records to show she was extended Federal recognition effective 13 December 2008 with a DOR to 2LT of 13 December 2008.

3.  Based on her corrected initial appointment date and DOR to 2LT of 13 December 2008, she would have been eligible for promotion to 1LT on 13 June 2010.  Therefore, she is entitled to promotion to 1LT with an effective date and DOR of 13 June 2010 and payment of back pay and allowances due as a result of this correction.

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.  amending NGB Special Orders Number 275 AR, dated 13 December 2010, to show she was appointed as a 2LT with an effective date and date of rank of 13 December 2008 and extended Federal recognition on that date in the grade of 2LT;

	b.  publishing orders to show she was promoted to 1LT with an effective date and date of rank of 13 June 2010 and extended Federal recognition to 1LT effective that date; and

	c.  paying her any back pay and allowances due as a result of this correction.



      ___________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)                                         AR20110004594



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ABCMR Record of Proceedings (cont)                                         AR20110004594



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