IN THE CASE OF:	  

		BOARD DATE:	  23 May 2012

		DOCKET NUMBER:  AR20110021904 


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)/O-1 to show 25 August 2009.

2.  The applicant did not make a statement.

3.  The applicant did not provide additional information.

CONSIDERATION OF EVIDENCE:

1.  After having had prior enlisted service, the applicant transferred from the State of Missouri to the State of Arkansas for the purpose of appointment as a commissioned officer.

2.  On 3 September 2009, the Joint Force Headquarters of the Arkansas Army National Guard (ARARNG) published Orders Number 246-810, appointing the applicant as a Medical Services (MS) officer in the grade of 2LT.  He was assigned in the specialty 70H (Health Services Plans, Operations, Intelligence, Security, and Training), from an Officer Candidate School (OCS) direct commission, with an effective DOR of 25 August 2009.  

3.  On 22 June 2010, the National Guard Bureau published Special Orders (SOs) Number 133 AR extending him Federal recognition in the rank/grade of 2LT for initial appointment, as an Adjutant General (AG) officer, effective 25 August 2009.

4.  On 29 July 2010, the ARARNG published Orders Number 210-802, showing he was appointed in the rank/grade of 2LT/O-1 as an AG officer, from an OCS direct commission, with an effective date of 25 August 2009.

5.  He attended and successfully completed the Army Medical Department (AMEDD) Basic Officer Leader Course (BOLC) at Fort Sam Houston, TX, from 
7 October to 17 December 2010.

6.  On 28 January 2011, the NGB published SOs Number 17 AR, again extending him Federal recognition for initial appointment in the rank/grade of 2LT/O-1 as an MS officer, with a DOR of 24 February 2010.

7.  On 16 August 2011, the ARARNG published Orders Number 228-801 promoting him to the grade of first lieutenant (1LT), effective 24 August 2011.

8.  On 19 August 2011, the NGB published SOs Number 193 AR, extending him Federal recognition for promotion to 1LT, effective 24 August 2011.

9.  On 8 November 2011, an advisory opinion was obtained from the NGB in the processing of this case.  An official at the NGB stated:

	a.  The applicant stated, prior to his completion of OCS, he initiated an Army Medical Department (AMEDD) appointment packet with the ARARNG recruiting office to ensure he would be boarded by the U.S. Army Recruiting Command at or near the time of graduating from OCS.

	b.  Due to an administrative error, the applicant's AMEDD packet was not submitted in a timely manner, as a result, his initial appointment shows his branch as an AG officer with an effective date of 25 August 2011.

	c.  Upon his initial appointment he was assigned to the Arkansas Medical Detachment as the Operations Officer and completed the AMEDD BOLC on 17 December 2010.

	d.  An email from the NGB, Officer of the Chief Surgeon General (ARNG-CSG), confirmed the applicant was initially assigned to a 70H duty position and remained in this position the entire time following his initial appointment as an AG officer and through his reappointment into AMEDD.  Therefore, his record should be corrected to show his initial appointment as an MS officer with an effective date of 25 August 2009.  Additionally, the State concurs with this recommendation.

10.  National Guard Regulation (NGR) 600-100 provides procedures for processing applications for Federal recognition.  Paragraph 2-1 states commissioned officers of the ARNG are appointed by the several States under Article 1, Section 8 of the U. S. Constitution.  These appointments may be federally recognized by the Chief, NGB under such regulations as the Secretary of the Army may prescribe and under the provisions of this regulation.  Officers who are federally recognized in a particular grade and branch shall be tendered an appointment in the same grade as Reserve commissioned officers of the Army with assignment to the ARNG of the United States if they have not already accepted such appointment.  

	a.  Paragraph 2-2 states that the effective date of Federal recognition for original appointment is the date on which the commissioned officer executes the oath of office in the State. 

	b.  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. 

	c.  Paragraph 2-13 states that 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 FRB (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 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 FRB should be convened to consider the request again and grant another new period of temporary Federal recognition if warranted.

	d.  Paragraph 10-15b states that temporary Federal recognition may be granted by an FRB to those eligible 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 FRB 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 the 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.

11.  NGB Personnel Policy Memorandum 08-035, dated 25 November 2008 and Department of the Army, Office of the Assistant Secretary of the Army (Manpower and Reserve Affairs) Memorandum, dated 19 August 2008, state in pertinent part that "this memorandum establishes Department of the Army Policy authorizing Reserve Component 2LTs on the Reserve Active Status List (RASL) to be promoted to 1LT with a minimum of 18 months time in grade (TIG) and completion of the BOLC if otherwise qualified." 

DISCUSSION AND CONCLUSIONS:

1.  Due to an administrative error, the applicant's AMEDD packet was either not submitted on time or there was a typographical error on SOs 133 AR which resulted in his branch showing as AG verses MS.  It is clear that an administrative error occurred; therefore, he is entitled to have SOs 133 AR corrected to show his branch as MS.

2.  Furthermore, in accordance with NGB Personnel Policy and Department of the Army Memorandums, his date of promotion/Federal recognition to 1LT should be adjusted to 25 February 2011, 18 months after his DOR and appointment to 2LT.  Additionally, SOs 193 AR should be corrected to show this new DOR and effective date as 25 February 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 the state Army National Guard records and the Department of the Army records of the individual concerned be corrected by:

* revoking from SOs 17 AR, dated 28 January 2011, his name and personnel information
* amending SOs 133 AR, dated 22 June 2010 to change his branch from "AG" to "MS"
* amending SOs 193 AR, dated 19 August 2011, to change his date of rank and effective date to 25 February 2011
* paying him from Army National Guard funds any back pay or entitlements he is authorized as a result of his adjusted date of rank



      _______ _   __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)                                         AR20110021904



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ABCMR Record of Proceedings (cont)                                         AR20110021904



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