IN THE CASE OF:	  

		BOARD DATE:	  28 April 2011

		DOCKET NUMBER:  AR20110005219 


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 that her records be corrected to show she received initial Federal Recognition and appointment as a second lieutenant in the New York Army National Guard National (NYARNG) on 15 May 2009.  

2.  She states, in effect, that due to an administrative error on the part of her personnel department, her permanent Federal Recognition orders were not published in a timely manner.  Her initial appointment in the NYARNG was 
15 May 2009; however, her personnel department did not submit the request in a timely manner.  As a result of this error, her Federal Recognition orders were not published until 11 February 2011, with an effective date of 15 May 2010, for initial appointment to 2LT.

3.  She provided her:

* two oaths of office
* special orders
* NYARNG appointment orders

CONSIDERATION OF EVIDENCE:

1.  She is currently serving in the NYARNG, in the rank of 2LT. 

2.  Her records show she executed a DA Form 71 (Oath of Office – Military Personnel) and a National Guard Bureau (NGB) 337 (Oaths of Office), on 
15 May 2009, consecutively.  
3.  She provided a copy of Orders 195-1040, issued by the Office of the Adjutant General, State of NY on 14 July 2009.  These orders show she was appointed in the ARNG and assigned to Headquarters and Headquarters Company, 101st Signal Battalion, as a Radio Officer with an effective date of 15 May 2009.

4.  She also provided a "Corrected copy of Orders 195-1040, which shows the effective date had been changed from 15 May 2009 to 15 May 2010. 

5.  She completed the Signal Basic Officer Leadership Course (BOLC) on 
15 December 2010.

6.  Special Orders Number 28 AR, dated 10 February 2011, show she received Federal Recognition as a 2LT with an effective date of 15 May 2010.

7.  In the processing of this case, an advisory opinion was obtained from the Chief, Personnel Policy Division, NGB.  That office noted that due to administrative processing delays, through no fault of the applicant, her Federal Recognition order was published for initial appointment to the rank of 2LT effective 15 May 2010.

8.  In accordance with National Guard Regulation (NGR) 600-100 (Commissioned Officer-Federal Recognition and Related Personnel Actions), chapter 2, paragraph 2-2b, "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."  Paragraph 2-13 of the same regulation 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 Federal Recognition Board pending final determination of eligibility and appointment as a Reserve commissioned officer of the Army.

9.  The Chief, Personnel Policy Division recommended the following adjustments be made to her record:

* Adjust her initial appointment effective date to 15 May 2009
* Promote her to the rank of first lieutenant (1LT) effective 15 December 2010
* Pay her all back pay and allowances due as a result of the correction

10.  Paragraph 2-1 of Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) states, in pertinent part, that an officer in the grade of second lieutenant will be considered for promotion without review by a selection board.  The officer's records will be screened to determine eligibility for promotion to the next higher grade far enough in advance to permit promotion on the date the promotion service is completed in compliance with table 2-1 or table 2-3 of this regulation.

11.  Table 2-1 of Army Regulation 135-155 states that the minimum time in grade (TIG) as a 2LT for promotion to 1LT is 2 years.  However, NGB Memorandum, Subject:  Reduction in TIG Requirements for Promotion of Reserve Component Officers to 1LT (NGB-ARH Policy Memo 08-035), dated 25 November 2008, 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.  2LTs may be promoted at 18 months TIG provided they have completed the BOLC and are otherwise qualified.  The effective date of promotion with not precede 19 August 2008."

12.  Table 2-2 of Army Regulation 135-155 states, in pertinent part, that 2LTs must complete a resident officer basic course to be eligible for promotion to 1LT.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows she executed an Oaths of Office in the NYARNG on 15 May 2009.  It is evident that an administrative error occurred which delayed the publishing of her Federal Recognition orders.  Based on applicable law and regulation, she is entitled to have Special Orders Number 28 AR, dated 10 February 2011, amended to show her effective date of initial appointment as 15 May 2009, instead of 15 May 2010.

2.  Additionally, based on the above correction and the fact that she successfully completed the Signal BOLC on 15 December 2010, and met the time-in grade requirement for promotion to the grade of 1LT, she is eligible for award of permanent Federal Recognition for promotion to 1LT with the effective date 15 December 2010, and all 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:

* Adjusting her initial appointment effective date to 15 May 2009
* Promoting her to the rank of 1LT effective 15 December 2010
* Paying her all back pay and allowances due as a result of the 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)                                         AR20110005219





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ABCMR Record of Proceedings (cont)                                         AR20110005219



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