IN THE CASE OF:	  

		BOARD DATE:	  2 June 2011

		DOCKET NUMBER:  AR20110009537


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 "18" May 2008 instead of 18 May 2010
* back pay and allowances
* promotion to first lieutenant (1LT/O-2)

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

3.  The applicant listed supporting documents, but did not provide them.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a 2LT and he took the oath of office on
15 May 2008.  The NYARNG established his date of rank (DOR) as 15 May 2010.  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 18 May 2010.  Federal recognition, effective     18 May 2010, was granted with NGB Special Orders Number 28 AR, dated     10 February 2011.  He had completed the Basic Officer Leader Course (BOLC) on 7 January 2011.
3.  In the processing of this case, 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 2008 and promotion to first lieutenant (1LT)/O-2 effective 7 January 2011, with all due back pay and allowances.

4.  On 10 May 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 2008 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 18 May 2010.  From the foregoing, it is clear that an administrative error denied the applicant Federal recognition effective 15 May 2008.

3.  Based on applicable law and regulation, the applicant is entitled to have NGB Special Orders Number 28 AR, dated 10 February 2011, amended to show the effective date of permanent Federal recognition in the grade of 2LT as 15 May 2008.

4.  Evidence of record shows the applicant successfully completed BOLC on 7 January 2011, he met the time-in-grade requirement for promotion to 1LT, and he should have been promoted effective 7 January 2011 and awarded permanent Federal recognition for promotion to 1LT with the effective date of      7 January 2011.

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 2011, to show he was extended Federal recognition as a 2LT effective 15 May 2008
* promoting him to 1LT and granting him Federal recognition as a 1LT effective 7 January 2011 with a date of rank and promotion effective date of 7 January 2011
* 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)                                         AR20110009537





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ABCMR Record of Proceedings (cont)                                         AR20110009537



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