BOARD DATE: 23 June 2011
DOCKET NUMBER: AR20110005221
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 his date of rank (DOR) and commissioned service date be changed from 23 May 2010 to 23 May 2009.
2. The applicant states that he was appointed as a second lieutenant in the New York Army National Guard (NYARNG) on 23 May 2009; however, due to administrative delays that were through no fault of his own, he did not receive Federal Recognition until 23 May 2010.
3. The applicant provides copies of his original appointment orders, oaths of office, Federal Recognition orders and a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant took his oath of office as a second lieutenant (2LT) in the NYARNG on 23 May 2009.
2. He was ordered to active duty for training on 2 October 2009 and served until he was honorably released from active duty training on 10 February 2011.
3. However, for reasons that are not apparent in the available records, the applicant was not granted Federal Recognition until 23 May 2010.
4. In the processing of this case, a staff advisory opinion was obtained from National Guard Bureau (NGB) which recommends approval of the applicant's request to be promoted and granted Federal recognition for the rank of 2LT effective 23 May 2009 because National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions) provides that the effective date of Federal recognition for original appointment is the date the commissioned officer executes his or her oaths of office in the State. Additionally, the NGB recommends that he be promoted to the rank of first lieutenant (1LT) effective 23 November 2010. The advisory opinion was provided to the applicant for comment and to date no response has been received by the staff of the Board.
5. National Guard Regulation 600-100 provides that the effective date of Federal recognition for original appointment is the date on which the commissioned officer executes the oaths of office in the State.
DISCUSSION AND CONCLUSIONS:
1. The applicant executed his original oaths of office as a 2LT on 23 May 2009 and for reasons that are not explained in the available records, his application for permanent Federal recognition was not forwarded to the appropriate authorities for final action in a timely manner.
2. As a result, the applicant's permanent Federal recognition was unduly delayed through no fault of the applicant.
3. However, had the application for permanent Federal recognition been properly and timely processed, the applicant's date of rank for 2LT would have been 23 May 2009 and he would have been promoted to the rank of 1LT effective 23 November 2010.
4. Accordingly, it would be in the interest of justice at this time to correct the applicant's records by showing that he was granted permanent Federal recognition in the rank of 2LT effective 23 May 2009 and in the rank of 1LT effective 23 November 2010, with entitlement to all back pay and allowances that flow from this change.
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 showing that he was granted permanent Federal recognition in the rank of 2LT effective 23 May 2009 and 1LT effective 23 November 2010, with entitlement to all back pay and allowances that flow from this change.
_______ _ 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) AR20110005221
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ABCMR Record of Proceedings (cont) AR20110005221
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