IN THE CASE OF:
BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110005730
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 his appointment date be changed from 9 May 2009 to 9 May 2008.
2. The applicant states due to an administrative oversight he was not appointed on 9 May 2008, as he should have been. He claims the Office of The Adjutant General thought it best to appoint him with temporary Federal Recognition on
9 May 2009, with the understanding that corrective actions would be submitted in the future.
3. The applicant provides the following documents in support of his application:
* State Appointment Orders
* DA Form 71 (Oath of Office)
* National Guard Bureau (NGB) Form 337 (Oaths of Office)
* NGB Special Orders (SO) Number (#) 69 AR, dated 12 April 2010
* NGB SO # 256 AR, dated 22 November 2010
* Reserve Officers Training Corps (ROTC) discharge orders, dated 9 May 2008
* DA Form 597-3 (ROTC Scholarship Cadet Contract), dated
28 September 2006
CONSIDERATION OF EVIDENCE:
1. The applicants record shows he completed his training on 9 May 2008 in order to accept a commission in the United States Armed Forces and signed his original Oaths of Office on that date.
2. On 23 October 2008, the Alaska Army National Guard published Orders
296-003 appointing the applicant a second lieutenant (2LT) and his Federal Recognition packet was submitted to the NGB for appointment and Federal Recognition.
3. On 9 May 2008, NGB published SO # 69 AR appointing the applicant as a 2LT in the Army National Guard (ARNG).
4. On 3 June 2011, the applicant was promoted to first lieutenant (1LT) and received Federal Recognition in that rank.
5. In connection with the processing of this case, an advisory opinion was obtained from the NGB Chief, Personnel Policy Division. This official recommends approval of the applicants request to change his appointment date to 8 May 2008 due to an administrative error. The applicants appointment packet was not processed in a timely manner. In an attempt to avoid expiration of his temporary Federal Recognition, the applicants appointment date was changed and he was not Federally recognized as a 2LT until 9 May 2009. This official further states the governing regulation states the effective date of Federal Recognition for an original appointment is the date on which the commissioned officer executes the Oath of Office in the State. The advisory opinion confirms that the State concurs with this recommendation.
6. On 31 March 2011, the applicant was provided a copy of the NGB advisory opinion to give him the opportunity to respond to its contents. To date, he has failed to reply.
7. National Guard Regulation 600-100 (Commissioned Officers Federal Recognition and Related Personnel Actions) provides procedures for processing all applications for Federal Recognition. Chapter 2 contains guidance on appointments and states the effective date of Federal Recognition for original appointment is that date on which the commissioned officer executes the Oaths of Office in the State.
DISCUSSION AND CONCLUSIONS:
1. The applicants request that his appointment and Federal Recognition date be changed to 9 May 2008 has been carefully considered and found to have merit.
2. By regulation, the effective date of Federal Recognition for original appointments will be the date the commissioned officer executes the Oaths of Office in the State. The evidence of record confirms the applicant was appointed a 2LT by the State of Alaska and executed the Oaths of Office on 9 May 2008.
3. The record further shows that due to an administrative error in the processing of the applicants appointment and Federal Recognition packet, he was not Federally recognized until 9 May 2009. As a result, given this untimely processing of the applicants Federal Recognition packet it would be appropriate to correct his record to show he was originally appointed and Federally recognized as a 2LT in the ARNG on 8 May 2008.
4. Further, based on correction of the applicants original appointment and Federal Recognition date to 2LT as outlined in the preceding paragraph, the applicant's promotion and Federal Recognition date as a 1LT should be adjusted accordingly.
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. showing he was originally appointed and granted Federal Recognition as a 2LT on 9 May 2008; and
b. promoting him to and granting him Federal Recognition in the rank of 1LT if otherwise eligible.
_______ _ _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) AR20110005730
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ABCMR Record of Proceedings (cont) AR20110005730
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