IN THE CASE OF:	  

		BOARD DATE:	  17 January 2011

		DOCKET NUMBER:  AR20110021083 


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 date of rank (DOR) to second lieutenant (2LT) to 8 September 2007 and promotion to first lieutenant (1LT) effective 29 July 2009 with all back pay and allowances through his Member of Congress.

2.  He states:

* the State of Michigan did not properly submit the paperwork for his Federal recognition when he was commissioned, so he was not Federally recognized
* he was reappointed by the North Carolina Army National Guard (NCARNG) as a new 2LT effective 23 September 2011 to gain Federal recognition
* his DOR for 2LT and promotion and DOR to 1LT need to be backdated

3.  He provides:

* National Guard Bureau (NGB) Form 89 (Proceedings of a Federal Recognition Examining Board)
* memorandum from the Senior Army Advisor Michigan
* DA Form 1059 (Service School Academic Evaluation Report)
* Orders 262-032, dated 19 September 2007, appointing him in the ARNG
* NGB Form 62E (Application for Federal Recognition as an ARNG Officer or Warrant Officer and Appointment as a Reserve Commissioned Officer or Warrant Officer of the Army in the ARNG of the United States)
* Orders 287-860, dated 14 October 2009, promoting him to 1LT/O-2
* letter from NGB

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, he was serving as a 2LT in the NCARNG.

2.  He submits an NGB Form 62E, undated, to apply for Federal recognition as an ARNG officer and appointment as a Reserve officer of the Army in the ARNG.  The application was signed by the State Adjutant General.

3.  He provides a memorandum, dated 16 July 2007, which shows a Federal recognition board would convene on 16 July 2007 in Augusta, MI.

4.  On 16 July 2007, a Federal recognition board was held by the MIARNG to determine if the applicant was qualified to be awarded Federal recognition.  The board found the applicant was physically, morally, generally, and professionally qualified for and recommended granting him Federal recognition.

5.  On 8 September 2007, he was appointed as a 2LT in the MIARNG after having prior enlisted service.

6.  On 8 September 2007, he executed the oaths of office for appointment in the MIARNG.  He was granted temporary Federal recognition.  His service record does not indicate he was granted permanent Federal recognition for this appointment.

7.  Orders 262-032, dated 19 September 2007, show he was appointed as a 2LT in the ARNG effective 8 September 2007.

8.  On 5 January 2009, he executed the oaths of office for appointment in the NCARNG.  He was granted temporary Federal recognition.

9.  Orders 050-811, dated 24 February 2009, show he was appointed as a 2LT in the NCARNG with an effective date of 5 January 2009 and a DOR of 8 September 2007.

10.  Special Orders Number 56 AR, dated 12 March 2009, show his Federal recognition was changed from the State of Michigan to North Carolina effective 5 January 2009.

11.  His DA Form 1059, dated 29 July 2009, shows he completed the Signal Basic Officer Leader Course 005-09 on 22 July 2009.

12.  Orders 287-860, dated 14 October 2009, show he was promoted to 1LT with an effective date and DOR of 29 July 2009.

13.  Orders 271-924, dated 28 September 2011, show the applicant was appointed as a 2LT in the NCARNG with an effective date and a DOR of 23 September 2011.

14.  In a 4 October 2011 letter, the Chief, Congressional Inquiries, NGB Office of Legislative Liaison, informed the applicant's Congressman that:

	a.  the ARNG's Human Resources Policy and Programs Division (HRH) reviewed the applicant's letter and provided the following information:

		(1)  the applicant was appointed as a 2LT on 8 September 2007 in the MIARNG;

		(2)  the MIARNG never submitted the necessary paperwork for him to receive Federal recognition for promotion; and

		(3)  when the applicant transferred to the NCARNG, the State was not made aware of the problem.

	b.  the first step in resolving the applicant's promotion issue has been initiated.  The ARNG HRH advised the NCARNG to expedite the submission of an initial appointment packet for the applicant to ensure he receives temporary Federal recognition prior to deployment.  Permanent Federal recognition will be accomplished within 90 to 120 days after the packet is received.

	c.  the next step is for the applicant to submit a claim to the Army Board for Correction of Military Records requesting correction of his record for the purpose of having his DOR adjusted, being promoted to the next grade, and receiving back pay once his rank has been adjusted.

15.  National Guard Regulation 600-100 (Commissioned Officers-Federal Recognition and Related Personnel Actions), paragraph 10-15b, states that temporary Federal recognition may be granted by a Federal recognition board to an eligible member when the board finds that the member has successfully passed the examination prescribed herein, has subscribed to the oath of office, and has been appointed by a State order for assignment to a position vacancy in a Federally-recognized unit of the ARNG.  The Federal recognition board will forward the NGB Form 89 and allied documents to The Adjutant General.  When the member is favorably recommended, The Adjutant General will endorse the packet to NGB.  If the member meets the qualifications and requirements for Federal recognition, the Chief, NGB, extends permanent Federal recognition to the member in the grade and branch in which the member is qualified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the State of Michigan did not properly submit the paperwork for his Federal recognition when he was commissioned, so he was not Federally recognized is acknowledged and found to have merit.

2.  The evidence of record shows the applicant was appointed as a 2LT in the MIARNG on 8 September 2007.  At that time, his Federal recognition packet and allied documents should have been forwarded to The Adjutant General of the State of Michigan for endorsement to NGB for extension of permanent Federal recognition.  Through no fault of the applicant, this action was not taken.

3.  It is clear that an administrative error denied the applicant permanent Federal recognition effective 8 September 2007.

4.  Based on applicable law and regulation, the applicant is entitled to be extended permanent Federal recognition for his initial appointment as a 2LT in the MIARNG effective 8 September 2007.

5.  The evidence of record shows the applicant was promoted to 1LT with an effective date and DOR of 29 July 2009.

6.  The applicant should have been granted Federal recognition as a 1LT with an effective date and DOR of 29 July 2009.

BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all the State ARNG and Department of the Army records of the individual concerned be corrected by:

	a.  issuing him orders to show he was extended Federal recognition for initial appointment as a 2LT effective 8 September 2007;

	b.  amending Orders 271-924, dated 28 September 2011, to show he was appointed as a 1LT in the NCARNG and was extended Federal recognition as a 1LT with a DOR and effective date of 29 July 2009; and

	c.  paying him any 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)                                         AR20110021083



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ABCMR Record of Proceedings (cont)                                         AR20110021083



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