IN THE CASE OF:	  

		BOARD DATE:	  29 January 2013

		DOCKET NUMBER:  AR20120002377 


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) to captain (CPT) be adjusted from June 2009 to 1 December 2005.  He also requests that his break in service indicated on his military records during his transition from active duty to the California Army National Guard (CAARNG) be deleted.

2.  He states:

	a.  according to his CAARNG records, his DOR for CPT was June 2009, but his actual DOR for CPT is December 2005.

	b.  he was promoted while serving on active duty.  He resigned his commission in May 2008 after meeting with a recruiter to ensure his immediate assimilation into the CAARNG.  

	c.  he received a break in service in his record due to untimely action by the CAARNG Accession Task Force.  However, during this time period, he was attending drills and performing staff duties for 1st Battalion, 160th Infantry Regiment.

	d.  he signed an Oath of Office and an Officer Affiliation Agreement on 7 May 2008.  However, his gaining unit didn't know who he was and he was directed to see a first lieutenant in the Accession Task Force.  For six months, he continued to work with the Accession Task Force by sending emails and leaving phone messages.  He was later informed that the quickest way to get him in the ARNG was via a Federal Recognition Board, a process which took the Accession Task Force an additional four months.  

	e.  he sought to transfer to the 1st Battalion, 160th Infantry Regiment in September 2008 and he began attending drills with this unit in October 2008.  

3.  He provides no additional documents.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the CAARNG in the rank of CPT.

2.  After having prior service in the U.S. Navy Reserve, he enlisted in the Regular Army on 6 March 2002.  He was honorably discharged on 5 September 2002 to accept a commission in the Army.  

3.  He was appointed as a Reserve commissioned officer on 6 September 2002 in the rank of second lieutenant.  He was ordered to active duty on 8 September 2002.  

4.  He was promoted to first lieutenant on 7 March 2005 and to CPT on 1 December 2005.  

5.  He executed an Oath of Office on 7 May 2008 as a Reserve commissioned officer in the rank of CPT.

6.  He was honorably discharged on 31 May 2008 in the rank of CPT and was assigned to Headquarters and Headquarters Troop, 1st Battalion, 18th Cavalry Regiment.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) for this period indicates the effective date of pay grade as 1 December 2005.

7.  In a memorandum, dated 1 June 2008, he was appointed as a Reserve commissioned officer in the rank of CPT, effective 1 June 2008.

8.  On 15 May 2009, a Federal Recognition Board was held by the CAARNG to determine if the applicant was qualified to be awarded Federal Recognition.  The board found that the applicant was qualified for appointment in the ARNG as a CPT.  He was extended temporary Federal recognition in accordance with the provisions of National Guard Regulation 600-100 (Commissioned Officers-Federal Recognition and Related Personnel Actions).  

9.  On 15 May 2009, he executed an Oaths of Office for appointment in the CAARNG in the rank of CPT.  His service record does not indicate he was granted permanent Federal recognition for this appointment.  

10.  His ARNG Retirement Points History Statement, dated 14 June 2011, shows he had 8 years, 3 months, and 3 days creditable service for retired pay at age 60 and 2,683 total points creditable.  The following retirement years indicate unaccounted status:

* 25 May 1991 through 5 March 2002
* 6 September 2002 through 7 September 2002
* 1 June 2008 through 14 May 2009

11.  On 15 June 2010, the Adjutant General, State of California, issued a memorandum appointing him in the CAARNG, effective 15 May 2009, in the rank of CPT.  

12.  During the processing of this case, an advisory opinion was obtained from the Acting Chief, Personnel Policy Division, National Guard Bureau (NGB) who stated:

	a.  the applicant was promoted to CPT/O-3 while serving on active duty with a DOR of 1 December 2005, which should be accounted for when calculating his DOR.  Additionally, the identified break in service from active duty to the ARNG was a direct result of administrative errors by the CAARNG.  It is recommended that the CAARNG correct this matter as it is supported by the DA Form 71 (Oath of Office) which the applicant signed on 7 May 2008.  

	b.  although the applicant's accession in the CAARNG didn't take place for nearly a year after he signed his DA Form 71, he served the CAARNG through drill weekends, annual training, and various training.  This office recommended the applicant receive all back pay and allowances for the dates he served and was not paid by the CAARNG.

	c.  the applicant prepared for his transition from the active duty to the Reserves in 2008 when he signed a DA Form 71 as a Reserve commissioned officer while he was at Fort Jackson, SC.  Additionally, a U.S. Army Human Resources Command memorandum, dated 1 June 2008, appointed the applicant as a Reserve commissioned officer of the Army under Title 10, U.S. Code 12201 and 12203.  The effective date for this action was 1 June 2008.



	d.  the applicant, even though not officially a part of the CAARNG at the time, requested a transfer from the 1st Battalion, 18th Cavalry and it was approved.  The applicant transferred into Headquarters, 1st Battalion, 160th Infantry Regiment.  The Operations Officer for the unit stated "He (the applicant) attended and completed scheduled Individual Training (IDT) periods from October 2008 to May 2009 without being officially 'carried on the books.'  The issue with the transfer was due to the Accession Task Force's SOPs (standing operating procedures) for transfer."

	e.  the applicant performed "special duty" for the Battalion Commander during periods between 4 October 2008 and 3 May 2009.  

	f.  the NGB recommends approval of the applicant's request and the State concurs with this recommendation.  

13.  A copy of the advisory opinion was forwarded to the applicant to allow him to provide comments.  However, he didn't respond within the allotted timeframe.

14.  National Guard Regulation 600-100, 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 (Proceedings of a Federal Recognition Examining Board) 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.

15.  Army Regulation 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records) prescribes the types of training and activities retirement points are authorized.  Paragraph 2-1 covers the criteria for crediting retirement points and states the limitations on the number of points which may be credited to a Soldier during a retirement year are as follows:

   a.  A maximum of 365 points (366 during leap year). 

	b.  A maximum of 60 points for inactive duty training (IDT) and membership.  However, an Annual or Terminal Statement of Retirement Points will report all points earned.

	c.  Partial year - If a Soldier is separated or removed from an active status during a retirement year, the Soldier may be credited with a proportionate number of IDT points for that year as shown in appendix A.  Appendix B shows the minimum number of points required for a partial year for qualifying service.  Appendix C shows the number of membership points authorized for a partial year.

	d.  Membership - 15 points for each year in an active status.  If the Soldier is on active duty for more than 350 days (351 days in a leap year) membership points will be reduced so the maximum 365 points are not exceeded (366 in a leap year).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his CAARNG records indicate his DOR to CPT was June 2009, but it's actually 1 December 2005.  

2.  The evidence of record shows the applicant was initially appointed as a Reserve commissioned officer on 6 September 2002.  He served on active duty from 8 September 2002 through 31 May 2008.  While on active duty, he was promoted to CPT with an effective date and DOR of 1 December 2005.  

3.  He executed an Oath of Office on 7 May 2008 as a Reserve commissioned officer in the rank of CPT.

4.  He was appointed as a Reserve commissioned officer on 1 June 2008 in the rank of CPT.  

5.  The evidence of record shows the applicant was appointed as a CPT in the CAARNG on 15 May 2009.  He should have been granted Federal recognition as a CPT with an effective date and DOR of 1 December 2005.  However, his service record is void of orders which show he was granted permanent Federal recognition at that time.

6.  The NGB advisory opinion states:  

   a.  the applicant's break in service from active duty to the ARNG was a direct result of administrative errors by the CAARNG;
   
	b.  the applicant served the CAARNG through drill weekends, annual training, and various training;

	c.  the applicant prepared for his transition from active duty to the Reserves in 2008 when he signed a DA Form 71 as a Reserve commissioned officer while he was at Fort Jackson, SC;

	d.  the applicant attended and completed scheduled IDT periods from October 2008 to May 2009 without being officially "carried on the books"; and 

	e.  the applicant performed "special duty" for the Battalion Commander during periods between 4 October 2008 and 3 May 2009.  

7.  Based on the foregoing, it would be appropriate to correct the applicant's records to show he was granted Federal recognition as a CPT in the CAARNG, effective 1 December 2005.

8.  A review of the applicant's ARNG Retirement Points History Statement revealed he was not credited with any retirement points during the period 1 June 2008 through 14 May 2009.  

9.  The evidence of record shows the applicant did not have a break in service from the date he was released from active duty on 31 May 2008 to the date he was appointed in the CAARNG on 15 May 2009.  Therefore, his ARNG Retirement Points History Statement should be updated to include his retirement points for the period 1 June 2008 through 14 May 2009.

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 the State ARNG and Department of the Army records of the individual concerned be corrected by:

	a.  issuing him orders to show he was granted Federal recognition for appointment as a CPT in the CAARNG, effective 1 June 2008 with a CPT DOR of 1 December 2005;  

	b.  updating his ARNG Retirement Points History Statement to include his retirement points for the period 1 June 2008 through 14 May 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)                                         AR20120002377





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ABCMR Record of Proceedings (cont)                                         AR20120002377



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