BOARD DATE:	  4 May 2011

		DOCKET NUMBER:  AR20110005224


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 initial appointment as a second lieutenant (2LT)/O-1 in the New York Army National Guard National (NYARNG) to show 15 May 2009 instead of 15 May 2010.

2.  The applicant states his permanent Federal recognition orders as a 2LT were not published in a timely manner.

3.  The applicant provides:

* a DA Form 71 (Oath of Office  Military Personnel)
* a National Guard Bureau (NGB) Form 337 (Oath of Office)
* Orders 190-1031, issued by the Office of The Adjutant General, State of New York, dated 9 July 2009, and a "Corrected Copy" of the same orders
* NGB Special Orders Number 28 AR, dated 10 February 2011
* a DA Form 1059 (Service School Academic Evaluation Report)
* email correspondence

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a 2LT and he took the oath of office on
15 May 2009.  The NYARNG established his date of rank (DOR) as 15 May 2009.  He was granted temporary Federal recognition.


2.  Permanent Federal recognition was never received for the applicant's initial; appointment.  The NYARNG published a new appointment order establishing the applicant as a 2LT effective 15 May 2010.  Federal recognition was granted.  He completed the Infantry Basic Officer Leader Course (BOLC) on 12 August 2010.

3.  In the processing of this case, on 21 March 2011, a staff advisory opinion was obtained from the Chief, Personnel Policy Division, NGB.  The advisory official recommends approval of the applicant’s request to adjust his initial appointment date to 15 May 2009 and promotion to first lieutenant (1LT)/O-2 effective
15 November 2010, with all due back pay and allowances.

4.  On 22 March 2011, the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal  He did not respond.

5.  National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions) prescribes policies and procedures governing the appointment, temporary Federal recognition, Federal recognition, reassignment, transfer between States, branch transfers, area of concentration designation, utilization, branch detail, attachment, and separation of commissioned officers of the ARNG.

	a.  Chapter 2 provides that in order for an officer to be concurrently appointed as a Reserve officer of the Army, the State action must be Federally recognized.  Federal recognition is the process which ensures that officers appointed by the States meet the qualifications required for service in the Federal Armed Forces.

      (1)  Upon appointment in the ARNG of a State and subscribing to an oath of office, an officer has a State status under which to function.  Such individuals acquire a Federal status when they are federally recognized and appointed as a Reserve of the Army.

      (2)  The effective date of federal recognition for original appointment is that date on which the commissioned officer executes the oath of office in the State.
      
   b.  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.  If not sooner withdrawn or replaced by the granting of permanent Federal recognition, temporary Federal recognition will automatically terminate 6 months after the effective date of the State 


appointment.  However, should the initial period of temporary Federal recognition expire due to administrative processing delays through no fault of the member, a subsequent Federal Recognition Board should be convened to consider the request again and grant a new period of temporary Federal recognition if warranted.

6.  NGB Memorandum, subject:  Reduction in the Time in Grade (TIG) Requirements for Promotion of Reserve Component Officers to 1LT (NGB-ARH Policy Memorandum 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.  2LT's may be promoted at 18 months TIG provided they have completed the BOLC and are otherwise qualified.  The effective date will not precede 19 August 2008.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant was granted temporary Federal recognition effective 15 May 2009 upon his initial appointment in the NYARNG as a 2LT.  At that time, his Federal recognition packet and allied documents should have been forwarded to The Adjutant General of the State of New York for endorsement to the NGB for extension of permanent Federal recognition.  Through no fault of the applicant, this action was not taken.

2.  Subsequently, the NGB issued orders extending Federal recognition for initial appointment in the grade of 2LT effective 15 May 2010.  From the foregoing, it is clear that an administrative error denied the applicant Federal recognition effective 15 May 2009.

3.  Based on applicable law and regulation, the applicant is entitled to have NGB Special Orders Number 28 AR, dated 10 February 2010 amended to show the effective date of permanent Federal recognition in the grade of 2LT as 15 May 2009.

4.  Evidence of record shows the applicant successfully completed the Infantry BOLC on 12 August 2010, he met the time-in-grade requirement for promotion to 1LT, he should have been promoted effective 15 November 2010, and awarded permanent Federal recognition for promotion to 1LT with the effective date of 15 November 2010.


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:

* amending NGB Special Orders Number 28 AR, dated 10 February 2010, to show he was extended Federal recognition as a 2LT effective 15 May 2009
* promoting him to 1LT and granting him Federal recognition as a 1LT effective 15 November 2010 with a date of rank and promotion effective date of 15 November 2010
* paying to him any and all back pay and allowances due as a result of these corrections



      _________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)                                         AR20110005224



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ABCMR Record of Proceedings (cont)                                         AR20110005224



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