IN THE CASE OF:	 

		BOARD DATE:	  26 January 2012

		DOCKET NUMBER:  AR20110022535 


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 adjustment of his initial appointment date.

2.  The applicant states:

* he was commissioned through the State Officer Candidate School (OCS) on 25 August 2009
* his NGB Form 0122E (Special Orders Number 255 AR), dated 19 October 2011, shows his initial appointment  effective date as 4 March 2011 
* his Federal Recognition packet was never submitted to the National Guard Bureau (NGB); therefore he was not given his Federal Recognition
* 16 months after asking about his promotion to first lieutenant (1LT), he discovered he had never received his Federal Recognition and had to be boarded again since his temporary Federal Recognition had expired
* he received his Federal Recognition on 19 October 2011 

3.  The applicant provides:

* NGB Form 0122E
* DA Form 71 (Oath of Office – Military Personnel)
* NGB Form 337 (Oaths of Office)



CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that following a period of service in the U.S. Army Reserve (USAR) as an enlisted Soldier, he was commissioned a second lieutenant (2LT) in the Puerto Rico National Guard (PRARNG) on 25 August 2009.

2.  Orders 281-036, Puerto Rico National Guard Element, Joint Forces Headquarters, San Juan, Puerto Rico, dated 8 October 2010, ordered the applicant to active duty for a period not to exceed 344 days and assigned him to Fort Bliss, Texas.

3.  NGB Form 89 (Proceedings of a Federal Recognition Examining Board (FREB)) shows that on 4 March 2011, the applicant was recommended for Federal Recognition. 

4.  NGB Form 62E (Application for Federal Recognition as an Army National Guard Officer or Warrant Officer and Appointment as a Reserve Commissioned Officer or Warrant Officer of the Army in the Army National Guard of the United States) shows the applicant applied for Federal Recognition on 5 April 2011. 

5.  Orders 153-506, Puerto Rico National Guard Element, Joint Forces Headquarters, San Juan, Puerto Rico, dated 2 June 2011, appointed the applicant a 2LT with an effective date of 4 March 2011.

6.  Orders 195-524, Puerto Rico National Guard Element, Joint Forces Headquarters, San Juan, Puerto Rico, dated 14 July 2011, promoted the applicant to the rank of 1LT with an effective date of 25 February 2011.

7.  Orders 221-0048, Camp Shelby Joint Forces Training Center, Camp Shelby, Mississippi, dated 9 August 2011, released the applicant from active duty.

8.  Orders 242-137, Puerto Rico National Guard Element, Joint Forces Headquarters, San Juan, Puerto Rico, dated 30 August 2011, amended Orders 281-036, this Headquarters, dated 8 October 2010, which ordered the applicant to active duty for a period not to exceed 344 days.  

9.  Orders 244-025, Puerto Rico National Guard Element, Joint Forces Headquarters, San Juan, Puerto Rico, dated 1 September 2011, revoked Orders 235-029, this Headquarters, dated 23 August 2010.

10.  Orders 295-513, Puerto Rico National Guard Element, Joint Forces Headquarters, San Juan, Puerto Rico, dated 22 October 2011, revoked Orders 195-524, dated 14 July 2011, this Headquarters, which promoted the applicant to 1LT.

11.  Orders 301-598, Puerto Rico National Guard Element, Joint Forces Headquarters, San Juan, Puerto Rico, dated 28 October 2011, transferred the applicant to Platoon Leader, 775th Military Police Company, PRARNG at Arecibo, in the rank of 2LT.

12.  The applicant's DD Forms 214 shows the following:

* he entered a period of active duty service during the period 7 March 2010 through 12 July 2010, for training and completed 4 months and 14 days of active service
* he entered a period of active duty service during the period 8 October 2010 through 21 August 2011and completed 10 months and 14 days of active service
* his DD Form 214 ending 12 July 2010 shows his rank as 2LT
* his DD Form 214 ending 21 August 2011 shows his rank as 1LT 

13.  Records show the applicant completed Military Police Basic Officer Leadership Course (BOLC) on 12 July 2010.

14.  The applicant provides copies of his DA Form 71 and NGB Form 337 which shows he signed his Oath of Office and was granted temporary Federal Recognition as a second lieutenant on 25 August 2009.  He also provides a copy of Special Orders Number 255 AR which shows his initial appointment date of 4 March 2011.

15.  National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions) provides procedures for processing all applications for Federal recognition.

	a.  Paragraph 2-1 states commissioned officers of the Army National Guard 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 Army National Guard of the United States if they have not already accepted such appointment.  

	b.  Paragraph 2-2 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.  Paragraph 2-3a states 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 temporary Federal recognition may be extended to an officer who has been appointed in the Army National Guard of a State and found to be qualified by an FREB 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.  The National Defense Authorization Act for fiscal year 2008 extended the maximum period of temporary Federal recognition to 1 year.  

   d.  Paragraph 10-15b states temporary Federal recognition may be granted by an FREB to those eligible when the board finds that the member has successfully passed the examination prescribed herein, has subscribed to the oaths of office, and has been appointed by a State order for assignment to a position vacancy in a federally recognized unit of the Army National Guard.  The FREB 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.

16.  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.  The evidence shows the applicant accepted a Reserve commission as a 2LT and was granted temporary Federal Recognition on 25 August 2009.  At that time, his Federal Recognition packet and allied documents should have been forwarded by The Adjutant General of the PRARNG for endorsement to the National Guard Bureau for extension of permanent Federal Recognition.  Through no fault of the applicant, this action was not taken.

2.  Orders in his record show he did not receive permanent Federal Recognition for his initial appointment as a 2LT until 4 March 2011.  It appears administrative errors caused the delay.

3.  There is no evidence that the applicant received permanent Federal Recognition as a 2LT from the National Guard Bureau within the one-year period required by National Guard/Army regulations.  As a result his temporary Federal Recognition expired.

4.  From the foregoing, it is clear that an administrative error denied the applicant permanent Federal Recognition effective 25 August 2009.  

5.  Based on applicable law and regulation, the applicant is entitled to have Federal Recognition Special Orders Number 255 AR amended to show the effective date of permanent Federal Recognition in the grade of 2LT as 25 August 2009.

6.  Additionally, having completed the BOLC being otherwise qualified, he is entitled to receive permanent Federal Recognition as a 1LT with an effective date of 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 all Department of the Army records of the individual concerned be corrected by:

   a.	 Amending Federal Recognition Special Orders Number 255 AR, dated 19 October 2011, to show that he was extended Federal Recognition effective 25 August 2009 in the grade of 2LT.
   
   b.  Granting him permanent Federal Recognition as a 1LT with an effective date of 25 February 2011.
   
   c.	Paying 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)                                         AR20110022535



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ABCMR Record of Proceedings (cont)                                         AR20110022535



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