BOARD DATE:	  25 September 2012

		DOCKET NUMBER:  AR20120012020 


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, in effect, his records be corrected to show he received permanent Federal recognition for an initial appointment as a second lieutenant in the Indiana Army National Guard National (INARNG) on 
19 December 2008.  

2.  The applicant states:

* He was appointed in the INARNG on 19 December 2008 and granted temporary Federal Recognition
* His packet did not go through the National Guard Bureau (NGB) on time and his temporary Federal Recognition expired
* He was reappointed on 31 May 2011 and during this period he stayed an active drilling member

3.  The applicant provides two Oaths of Office.

CONSIDERATION OF EVIDENCE:

1.  He enlisted in the INARNG on 29 March 2005 for a period of 8 years.  He was honorably discharged from the INARNG on 19 December 2008. 

2.  On 19 December 2008, he executed an Oath of Office as a Reserve commissioned officer in the rank of second lieutenant.

3.  On 20 December 2008, he executed an Oaths of Office in the INARNG and was granted temporary Federal recognition in the rank of second lieutenant.  

4.  There is no evidence that the applicant received permanent Federal recognition as a second lieutenant from the NGB within the 6-month period required by Army National Guard regulations.  As a result, his temporary Federal recognition expired.

5.  He completed the Basic Officer Leadership Course (BOLC) on 16 September 2010.

6.  INARNG orders, dated 7 June 2011, show he was appointed in the ARNG as a second lieutenant effective 31 May 2011. 

7.  NGB Special Orders Number 269 AR, dated 27 October 2011, show the applicant was extended Federal recognition for initial appointment in the rank of second lieutenant effective 31 May 2011.   

8.  In the processing of this case, a staff advisory opinion was obtained from the Chief, Personnel Policy Division, NGB on 9 July 2012.  The opinion points out:

	a.  the applicant signed an NGB Form 337 (Oaths of Office) on 20 December 2008 as a second lieutenant.  In accordance with paragraph 2-2 of National Guard Regulation (NGR) 600-100 (Commissioned Officers – Federal Recognition and Related Personnel Actions) 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.  NGR 600-100 states that temporary Federal recognition may be extended to an officer who has been found to be qualified by a Federal Recognition Board for appointment in the ARNG of a State pending receipt of permanent Federal Recognition and appointment as a Reserve officer of the Army.  Temporary Federal Recognition may be withdrawn when necessary at any time.  Unless sooner withdrawn or official orders used granting 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 granting six months period of temporary Federal recognition.  


   c.  U.S. Code, Title 32, chapter 3, section 308 states temporary recognition so extended may be withdrawn at any time.  If not sooner withdrawn or replaced by permanent recognition upon appointment as a Reserve officer in the same grade, it terminates one year after its effective date. 

	d.  NGB-ARH Policy Memorandum Number 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 second lieutenant on the Reserve Active-Status List 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 proceed 19 August 2008.  

   e.  he completed BOLC on 16 September 2010.

	f.  he was eligible for promotion to first lieutenant as of 20 June 2010.  He could have been promoted to first lieutenant as early as 20 June 2010 and the latest date being 20 December 2010.        

	g.  the State concurs with this recommendation.

9.  The advisory official recommends:

	a. amending Federal Recognition order number 269 AR, dated 27 October 2011, to show the applicant's initial appointment as 20 December 2008.

	b.  amending State order number 158-1046, dated 7 June 2011, to reflect the effective date of appointment as 20 December 2008.

	c.  promoting the applicant to first lieutenant with an effective date of 20 June 2010.

	d.  back pay and allowances that may be due as a result of this correction.     
  
10.  A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal.  The applicant did not respond within the given time frame.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant was granted temporary Federal recognition effective 20 December 2008 upon his initial appointment in the INARNG as a second lieutenant.  At that time, his Federal recognition packet and allied documents should have been forwarded to The Adjutant General of the State of Indiana for endorsement to the NGB for extension of permanent Federal recognition.  Through no fault of the applicant, this action was not taken.

2.  Subsequently, the NGB issued orders extending Federal recognition for initial appointment in the grade of second lieutenant effective 31 May 2011.

3.  From the foregoing, it is clear that an administrative error denied the applicant Federal recognition effective 20 December 2008.

4.  Based on applicable law and regulation, the applicant is entitled to have NGB Special Orders Number 269 AR, dated 27 October 2011, amended to show the effective date of permanent Federal recognition in the grade of second lieutenant is 20 December 2008.

5.  He met the TIG requirement (18 months) on 20 June 2010.  However, evidence of record shows he successfully completed BOLC on 16 September 2010.  Promotion to first lieutenant requires completion of BOLC.  Therefore, notwithstanding the NGB's recommendation to promote him to first lieutenant effective 20 June 2010, it would be equitable to correct his military records to show his effective date of promotion to first lieutenant is 16 September 2010 with a date of rank (DOR) of 16 September 2010.  It would also be equitable to show he was granted Federal Recognition for promotion to first lieutenant effective     16 September 2010. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x______  ___x___  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 Orders Number 269 AR, dated 27 October 2011, to show that he was extended Federal recognition effective 20 December 2008 in the grade of second lieutenant; 
   
	b.  showing he was promoted to first lieutenant with a DOR and effective date of 16 September 2010;

	c.  granting Federal Recognition effective 16 September 2010 in the rank of first lieutenant; and 

	d.  paying to him any and all back pay and allowances due as a result of these corrections.

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to showing he received permanent Federal recognition for an initial appointment as a second lieutenant in the INARNG on 19 December 2008.  




      _______ 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)                                         AR20120012020





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ABCMR Record of Proceedings (cont)                                         AR20120012020



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