IN THE CASE OF:	  

		BOARD DATE:  8 March 2012

		DOCKET NUMBER:  AR20110013251 


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 rank (DOR) as a second lieutenant (2LT) be changed from 7 February 2008 to reflect his initial commissioning date as
27 December 2007 and that his DOR to first lieutenant (1LT) be corrected accordingly.

2.  The applicant states he was commissioned as a 2LT from the West Virginia Reserve Officers’ Training Corps (ROTC) program on 27 December 2007 but he was not accessed into the Maryland Army National Guard (MDARNG) until 
7 February 2008.  In accordance with ARNG policy, he should have been accessed directly into the ARNG upon commissioning.  This resulted in him having an incorrect DOR to 2LT and a subsequent error in his DOR which was carried forward upon his promotion to 1LT. 

3.  The applicant provides:

* a self-authored statement
* a memorandum from the Chief, Personnel Policy and Readiness Division, National Guard Bureau (NGB), dated 7 May 2007
* DA Form 71 (Oath of Office – Military Personnel)
* Orders 361-4, dated 27 December 2007
* Appointment as a Reserve Commissioned Officer of the Army memorandum, dated 27 December 2007
* NGB Form 337 (Oaths of Office), dated 7 February 2008
* Special Orders Number 194 AR, dated 31 July 2008
* Special Orders Number 220 AR, dated 9 September 2009
CONSIDERATION OF EVIDENCE:

1.  Records show the applicant completed a period of enlisted service prior to obtaining an appointment as a Reserve Commissioned Officer in the Army of the United States from the West Virginia University ROTC program on 27 December 2007.  

2.  The applicant's records contain an NGB Form 337 which shows the applicant executed an Oath of Office on 7 February 2008 as a 2LT in the State of Maryland.  

3.  On 31 July 2008, the NGB published Special Order Number 194 AR which extended the applicant Federal Recognition for initial appointment to the rank of 2LT, effective 7 February 2008.  

4.  On 9 September 2009, NGB Special Orders Number 220 AR, extended him Federal Recognition for the purpose of promotion to 1LT with an effective date of 7 August 2009.  

5.  The applicant provides a copy of a memorandum from the Chief, Personnel Policy and Readiness Division, NGB, dated 7 May 2007, entitled Guidance for Accessing Newly Commissioned Officers from the ROTC.  The memorandum states that officers commissioned through ROTC are no longer appointed into the Individual Ready Reserve (IRR) of the U.S. Army Reserve.  They are appointed as a Reserve commissioned officer and must be subsequently appointed into the ARNG without the requirement to transfer from the IRR.  Until these officers are appointed in the ARNG they are Army Reserve officers and may be appointed by the State in the ARNG without a Federal recognition board.

6.  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.

7.  Office of the Assistant Secretary of the Army for Manpower and Reserve Affairs memorandum, dated 19 August 2008, and NGB Policy Memorandum Number 08-035, dated 25 November 2008, subject:  Reduction in Time in Grade for Promotion to First Lieutenant from 24 Months to 18 Months, established the Department of the Army policy authorizing Reserve Component second lieutenants to be promoted with a minimum of 18 months of time in grade and completion of a Basic Officer Leaders Course.  The effective date of promotion will not be prior to 19 August 2008.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to change his DOR as a 2LT from 7 February 2008 to reflect his initial commissioning date of 27 December 2007 and to subsequently correct his DOR to 1LT has been carefully examined and found to have merit.

2.  NGB Special Orders Number 194 AR extended the applicant permanent Federal Recognition for initial appointment to the rank of 2LT with an effective date of 7 February 2008; however, the applicant was initially appointed a Reserve commissioned officer in the Army of the United States on 27 December 2007.  

3.  The record further shows that based on guidance from the NGB’s Chief, Personnel Policy and Readiness Division for accessing newly-commissioned officers from ROTC, the applicant’s subsequent processing into the MDARNG should not impact his DOR.  Therefore, it would be appropriate to correct his record to show his DOR as 27 December 2007, which is the date he was initially appointed a Reserve commissioned officer in the Army of the United States.

4.  Further, based on correction of the applicant’s 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 the State 

Army National Guard records and Department of the Army records of the individual concerned be corrected by:

	a.  issuing NGB Federal Recognition Special Orders showing he was extended Federal Recognition for appointment to 2LT effective 7 February 2008,  with a DOR of 27 December 2007;
	
	b.  issuing NGB Federal Recognition Special Orders showing he was extended Federal Recognition for promotion to 1LT effective 27 June 2009 and with a DOR of 27 June 2009; and 

	c.  paying him 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)                                         AR20110013251



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ABCMR Record of Proceedings (cont)                                         AR20110013251



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