IN THE CASE OF:	  

		BOARD DATE:	  8 December 2011

		DOCKET NUMBER:  AR20110009318 


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 date of permanent Federal recognition to second lieutenant be changed to 12 December 2008 and that he be promoted to first lieutenant as a result of the correction.

2.  The applicant states due to the administrative delay in granting him permanent Federal recognition he cannot be promoted in a timely manner.

3.  The applicant provides:

* discharge orders from the Georgia Army National Guard (GAARNG)
* letter of appointment to second lieutenant
* National Guard Bureau (NGB) 337 (Oaths of Office), dated 12 December 2008 and 7 July 2010
* DA Form 71 (Oath of Office - Military Personnel), dated 12 December 2008
* GAARNG Orders 008-37, dated 8 January 2009
* DA Form 1059 (Service School Academic Evaluation Report), dated 
9 June 2009
* GAARNG Orders 008-37, dated 7 July 2010
* NGB Special Orders Number 247 AR, dated 8 November 2010





CONSIDERATION OF EVIDENCE:

1.  On 12 December 2008, he executed an Oath of Office as a second lieutenant in the GAARNG and he was granted temporary Federal recognition.

2.  GAARNG Orders 008-37, dated 8 January 2009, appointed him to second lieutenant and assigned him to Headquarters and Headquarters Company (HHC), 1st Battalion, Reconnaissance Surveillance and Target Acquisition (RSTA).

3.  He completed a period of active duty from 11 January to 9 June 2009.  
A DA Form 1059, dated 9 June 2009, shows he successfully completed the Signal Basic Officer Leader Course (BOLC) exceeding the standards.  

4.  On 7 July 2010, he executed an Oath of Office as a second lieutenant in the GAARNG.  GAARNG Orders 001-188, dated 7 July 2010, appointed him to second lieutenant, granted temporary Federal recognition, and assigned him to HHC, 1st Battalion, RSTA.

5.  NGB Special Orders Number 247 AR, dated 8 November 2010, awarded him permanent Federal recognition for initial appointment to the grade of second lieutenant effective 7 July 2010.

6.  In the processing of this case an advisory opinion, dated 4 May 2011, was provided by the Chief, Personnel Policy Division, NGB which recommended approval of the applicant's request and that he receive all back pay and allowances due as a result of this correction.

	a.  National Guard Regulation 600-100 (Commissioned Officer-Federal Recognition and Related Personnel Actions), paragraph 2-13 (actually 2-12) states that temporary Federal recognition may be extended to an officer who has been appointed in the Army National Guard (ARNG) of a State and found to be qualified by a Federal recognition board (FRB) 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 applicant, a subsequent FRB should be convened to consider the request again and grant another new period of temporary Federal recognition if warranted.

	b.  Department of the Army (DA), Office of the Assistant Secretary of the Army for Manpower and Reserve Affairs, memorandum, dated 19 August 2008, reduced the minimum time in grade requirements for promotion to first lieutenant from 24 months to 18 months.

	c.  The State may promote him to first lieutenant with an effective date no earlier than 12 June 2010.

7.  The applicant was provided a copy of this opinion to submit matters in rebuttal.  He indicated he had nothing to add and no comments to submit.  

8.  National Guard Regulation 600-100, paragraph 2-2, states that 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.  Paragraph 2-3a states that temporary Federal recognition upon initial appointment establishes the authorized grade to be used by all officers in their Federally recognized status.

9.  Army Regulation 135-155 (ARNG and U.S. Army Reserve Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes policy and procedures used for selecting and promoting commissioned officers of the ARNG of the U.S.

	a.  Paragraph 2-1 states 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.

	b.  Table 2-1 states that the minimum time in grade as a second lieutenant for promotion to first lieutenant is 2 years.

	c.  Table 2-2 states that second lieutenants must complete a resident officer basic course to be eligible for promotion to first lieutenant.

10.  DA, Office of the Assistant Secretary of the Army for Manpower and Reserve Affairs, memorandum, dated 19 August 2008, subject:  Reduction in the Time in Grade Requirement for Promotion of Reserve Component Officers to First Lieutenant, and National Guard Bureau Policy Memorandum Number 08035, dated 25 November 2008, established the DA policy authorizing Reserve Component second lieutenants to be promoted with a minimum of 18 months' time in grade and completion of the BOLC.  The effective date of promotion will not proceed 19 August 2008.
DISCUSSION AND CONCLUSIONS:

1.  Records show he executed an oath of office to second lieutenant in the GARARNG and was granted temporary Federal recognition on 12 December 2008.

2.  He completed 4 months and 29 days of active duty for training and the Signal BOLC on 9 June 2009.

3.  Apparently, due to administrative delays, his temporary Federal recognition was allowed to expire.  He executed a second oath of office for second lieutenant on 7 July 2010.

4. Clearly the administrative delay, through no fault of his own, denied him permanent Federal recognition effective the date on which he executed the oath of office for his initial appointment to second lieutenant in the State.  Therefore, it would be appropriate to amend NGB Special Orders Number 247 AR, dated 
8 November 2010, to show the effective date of his permanent Federal recognition in the grade of second lieutenant is 12 December 2008.

5.  Based on the above correction he would have met the 18-month TIG for promotion to first lieutenant on 12 June 2010.  He has completed BOLC.  Therefore, provided he is otherwise eligible, it would be appropriated to promote him to first lieutenant effective 12 June 2010.  

6.  He should be paid any back pay and allowances as a result of these actions.

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 the State ARNG Records and Department of the Army records of the individual concerned be corrected by:

	a.  amending NGB Special Orders Number 247 AR, dated 8 November 2010, to show that he was extended Federal recognition effective 12 December 2008 in the rank of second lieutenant;

	b.  promoting him to first lieutenant effective 12 June 2010, providing that he is otherwise eligible; and 

	c.  providing him all back pay and allowances that may be due as a result of the above action from National Guard funds.




      _______ _   _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)                                         AR20110009318



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ABCMR Record of Proceedings (cont)                                         AR20110009318



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