IN THE CASE OF:	  

		BOARD DATE:	21 May 2013  

		DOCKET NUMBER:  AR20120009908 


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 records to show he received permanent Federal recognition for an initial appointment as a second lieutenant (2LT) in the Oklahoma Army National Guard National (OKARNG) on 2 May 2008.

2.  The applicant states: 

* He was commissioned a second lieutenant on 2 May 2008
* His initial Federal recognition is 15 June 2010, which is more than
24 months after his commissioning date
* On 2 November 2009, the state of Oklahoma issued orders for his promotion to first lieutenant (1LT)
* A Federal recognition order was never issued because he never received an initial Federal recognition order
* He attempted an interstate transfer to Texas from Oklahoma in April 2010, but the officer branch in Oklahoma told him he had never received an initial Federal recognition order; therefore, he could not transfer until he had the order

3.  The applicant provides:

* DA Form 71 (Oath of Office – Military Personnel), dated 2 May 2008
* Special Orders Number 248 AR, issued by the National Guard Bureau (NGB), dated 9 November 2010
* Orders 314-046, issued by the OKARNG, dated 10 November 2009


CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the OKARNG on 14 July 2000.  He was honorably discharged from the OKARNG on 1 May 2008 to accept an appointment as a commissioned officer.

2.  On 2 May 2008, he executed a DA Form 71 as a Reserve commissioned officer in the rank of 2LT.

3.  The available records do not contain a DA Form 71 or an NGB Form 337 (Oaths of Office) in the OKARNG that shows he was granted temporary Federal recognition in the rank of 2LT.

4.  He completed the Infantry Basic Officer Leaders Course (BOLC) on
27 August 2009.

5.  Orders 314-046, dated 10 November 2009, promoted the applicant to 1LT effective 2 November 2009.

6.  NGB Special Orders Number 248 AR, dated 9 November 2010, show he was extended Federal recognition for initial appointment in the rank of 2LT effective 15 June 2010.

7.  Orders Number 118-1069, issued by the Texas ARNG (TXARNG), dated
28 April 2011, appointed him as a 2LT in the TXARNG effective 26 April 2011.

8.  NGB Special Orders Number 324 AR, dated 10 September 2012, awarded him permanent Federal recognition effective 3 November 2012 for the purpose of promotion to 1LT.

9.  NGB Special Orders Number 325 AR, dated 11 September 2012, amended NGB Special Orders Number 324 AR, dated 10 September 2012, to show his effective date for permanent Federal Recognition was 3 November 2009; however, these orders show his rank as 2LT.

10.  In the processing of this case, on 17 April 2013, a staff advisory opinion was obtained from the Chief, Personnel Policy Division, NGB.  The advisory official points out that:

	a.  the applicant was commissioned on 2 May 2008 as a 2LT in the OKARNG.  The OKARNG issued orders for his promotion to 1LT, but his initial appointment package had never been submitted to the Federal recognition section.  The 


OKARNG confirms this was an administrative error and through no fault of the applicant; therefore, his initial appointment date should be backdated to 2 May 2008.  Moreover, in accordance with National Guard Regulation 600-100 (Commissioned Officers – Federal Recognition and Related Personnel Actions), paragraph 2-2, 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.  In accordance with National Guard Regulation 600-100, chapter 2, paragraph 2013, temporary Federal recognition may be extended to an officer who was appointed in the ARNG of a State and found to be qualified by a Federal Recognition Board pending final determination of eligibility and appointment as a Reserve commissioned officer of the Army.  Such recognition may be withdrawn at any time.  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 Federal Recognition Board must be convened to consider the request again and grant another new period of temporary Federal recognition if warranted.  The National Defense Authorization Act (NDAA), Section 513, extends the period that members of the National Guard may be granted temporary Federal recognition from 6 months to 1 year.

	c.  NGB Policy Memorandum 08-035, subject:  Reduction in the Time in Grade (TIG) Requirements for Promotion of Reserve Component Officers to First Lieutenant, dated 25 November 2008, authorizes all National Guard officers in the rank of 2LT on the Reserve Active-Status List (RASL) to be promoted with a minimum of 18 months TIG.  Second lieutenants may be promoted at 18 months TIG provided they have completed BOLC and are otherwise qualified.  The effective date of promotion will not precede 19 August 2008.  A DA Form 1059 shows he completed BOLC on 27 August 2009.  He reached his minimum TIG on 2 November 2009.

	d.  the corrective action has been completed relating to amending the applicant's promotion effective date and DOR to 1LT, as reflected by NGB Special Orders Number 325.  Therefore, no further action is required by the ABCMR concerning his promotion to 1LT.

11.  The advisory official, in effect, recommends:

	a.  amending NGB Special Order Number 248 AR, dated 9 November 2010, to reflect his initial appointment and date of rank as a 2LT as 2 May 2008;
	b.  amending Orders 118-1069, dated 28 April 2011, to reflect his initial appointment as a 2LT as 2 May 2008;

	c.  amending NGB Special Orders Number 325 AR, dated 11 September 2012, to show his rank as 1LT; and

	d.  paying him any back pay and allowances that may be due as a result of these corrections. 

12.  The State concurs with these recommendations.

13.  On 17 April 2013, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comment or a rebuttal.  He did not respond.

DISCUSSION AND CONCLUSIONS:

1.  The applicant did not receive Federal recognition upon his initial appointment in the OKARNG on 2 May 2008.  Through no fault of the applicant, this action was not taken.  In addition, the OKARNG confirms this was an administrative error.

2.  Subsequently, the NGB issued orders extending him Federal recognition for initial appointment in the rank of 2LT effective 15 June 2010.

3.  Based on applicable law and regulation, the applicant is entitled to have NGB Special Orders Number 248 AR, dated 9 November 2010, amended to show he was extended Federal recognition for initial appointment in the rank of second lieutenant effective 2 May 2008.

4.  In view of the foregoing, the applicant's record should be corrected as recommended below.

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:

	a.  amending NGB Special Order Number 248 AR, dated 9 November 2010, to reflect his initial appointment and date of rank as a 2LT as 2 May 2008;

	b.  amending Orders 118-1069, dated 28 April 2011, to reflect his initial appointment as a 2LT as 2 May 2008;

	c.  amending NGB Special Orders Number 325 AR, dated 11 September 2012, to show his rank as 1LT; and

	d.  paying him any back pay and allowances that may be 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)                                         AR20120009908



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ABCMR Record of Proceedings (cont)                                         AR20120009908



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