IN THE CASE OF:
BOARD DATE: 23 June 2011
DOCKET NUMBER: AR20110009315
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) as a second lieutenant (2LT) and commissioned service date be changed from 7 July 2010 to 22 August 2007 and that he be promoted to the rank of first lieutenant accordingly.
2. The applicant states, in effect, that he was appointed as a second lieutenant in the Georgia Army National Guard (GAARNG) on 22 August 2007; however, due to administrative delays that were through no fault of his own, he did not receive Federal Recognition until 7 July 2010.
3. The applicant provides copies of his oaths of office, his service school academic report, his accession orders and his Federal Recognition orders.
CONSIDERATION OF EVIDENCE:
1. The applicant took his original oath of office as a second lieutenant on 22Â August 2007. He was appointed as a second lieutenant in the GAARNG on the same day. He subsequently took his oaths of office on 14 December 2007, 14 December 2008 and 7 July 2010.
2. Meanwhile, he completed the Basic Officer Leader Course at Fort Knox, Kentucky on 12 September 2008.
3. However, for reasons that are not apparent in the available records, the applicant was not granted Federal Recognition until 7 July 2010, 31 months after his initial appointment.
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 22 August 2007 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 22 February 2009. 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 22 August 2007 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 22 August 2007 and he would have been promoted to the rank of 1LT effective 22 February 2009.
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 22 August 2007 and in the rank of 1LT effective 22 February 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 22 August 2007 and 1LT effective 22 February 2009, 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) AR20110009315
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ABCMR Record of Proceedings (cont) AR20110009315
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