IN THE CASE OF:	  

		BOARD DATE:	  8 January 2013

		DOCKET NUMBER:  AR20120016873 


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 to his date of appointment in the Iowa Army National Guard (IAARNG) and date of rank for major (MAJ) from “2 December 2010: (i.e., 22 June 2010) to 23 October 2008.

2.  He states:

   a.  He was initially accessed into the IAARNG effective 23 October 2008.  His appointment packet for Federal Recognition (FecRec) was lost at the state level. Due to the processing at the state level, the IAARNG, G-1, didn't realize the error until November 2009 at which point Temporary FedRec had expired.  
   
   b.  He had to wait for permanent FedRec.  Once it was received, the state advised him to complete his military education requirements to become qualified in accordance with the branch determination memorandum.

3.  He provides:

* 2008 appointment orders
* 2008 DA Form 71 (Oaths of Office)
* 2008 and 2010 Request for Branch Determination memoranda
* 2010 FedRec orders




CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was appointed in the U.S. Air Force (USAF) as a second lieutenant on 11 August 1994.  He was promoted to MAJ on 1 February 2005.  He was honorably discharged from the USAF in the grade of MAJ on 15 November 2007 due to his resignation.

2.  On 17 March 2008, a FedRec Examining Board (FREB) found him qualified for appointment and FedRec in the rank of MAJ, Quartermaster (QM) Corps, in the IAARNG, with an effective date of 23 October 2008.

3.  In a memorandum, dated 12 September 2008, the Chief, Office of the Quartermaster General, advised the National Guard Bureau (NGB) that:

	a.  The QM Officer Proponent, U.S. Army Quartermaster Center and School, made a determination on the applicant's eligibility for accession into the QM Corps.  It was the determination of the proponent that the applicant did not prove to have sufficient past experience to serve as a QM officer, and the request to branch transfer was disapproved.

	b.  In order to meet necessary requirements to branch transfer to the QM Corps, the applicant must successfully complete the Supply and Service Management Officers Course.  Additionally, once he obtains the QM Corps designation, he must then meet the requirement outlined in Department of the Army Pamphlet 600-3, chapter 35-10, in order to obtain the Logistics Branch designation.

4.  He was appointed in the IAARNG in the rank of MAJ effective 23 October 2008 and executed a DA Form 71.

5.  In a memorandum, dated 24 June 2010, the Chief, Personnel Policy and Readiness Division, NGB, advised the IAARNG that:

	a.  Since the applicant had already completed the Support Operations Course he was eligible for appointment in the ARNG as an unqualified MAJ in the Logistics Corps (LC) and could be awarded Area of Concentration (AOC) 92A.  

   b.  He must complete all phases of the Combined Logistics Captains Career Course (CLCCC).  Upon completion of this requirement he would be considered qualified in his current grade and could be awarded AOC 90A.  He was not qualified for deployment as an LC officer until he had completed the required training and had been awarded the required AOC.  At a minimum, he must complete both the CCC and Intermediate Level Education before he was eligible for promotion to lieutenant colonel.
   
   c.  Since his oath of office was executed in October 2008, his temporary FedRec had expired.  In order to be eligible for appointment and permanent Federal Recognition, he must execute a new DA Form 71 and have his records reviewed by an FRB.  The State must submit a complete initial appointment packet to the FedRec Section.
   
   d.  Once Federally recognized, he should request to have his date of appointment corrected.  He would need to request this correction on a DD Form 149 (Application for Correction of Military Record) to the Army Board for Correction of Military Records.  His request should include a copy of this memorandum, his original DA Form 71, the original State appointment order, and his FedRec order.

6.  On 22 June 2010, he again executed a DA Form 71 for appointment in the IAARNG in the grade of MAJ effective the same day. 

7.  Special Orders Number 266 AR were issued by the NGB on 2 December 2010 which extended him permanent FedRec effective 22 June 2010 for his initial appointment in the IAARNG.

8.  National Guard Regulation 600-100 (Personnel - General, Commissioned Officers – Federal Recognition and Related Personnel Actions), paragraph 2-4b, states the effective date of FedRec for original appointment is that date on which the officer executes the oath of office in the State.  The regulation states in:

   a.  Paragraph 2-3 that temporary FedRec upon initial appointment establishes the authorized grade to be used by all officers in their federally recognized status. FedRec will continue in effect as long as the commissioned officer continues to meet requirements of the grade and position or until recognition is withdrawn in accordance with regulations, or as otherwise provided by law.  The FREB will forward the NGB Form 89 and allied documents to The Adjutant General.  
   
   b.  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 FedRec, the Chief, NGB extends permanent FedRec to the member in the grade and branch in which the member is qualified.


DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to correction of his records to show he was appointed in the IAARNG and extended Federal 
recognition as a MAJ effective 23 October 2008, with appropriate adjustment of pay and allowances.  Therefore, the Oath of Office, dated 22 June 2010, and any resulting orders/special orders, should be declared void and of no force or effect. 

2.  He was recommended for appointment in the IAARNG in the rank of MAJ with an effective date and date of rank of 23 October 2008.  Through no fault of the applicant, his temporary extension of Federal recognition expired.  Upon submission of another appointment another oath of office was initiated and his date of rank for MAJ became 22 June 2010, the date that oath was administered. 

3.  The administrative error in processing and granting him permanent Federal recognition upon his initial appointment and processing of his second appointment packet altered his appointment date and date of rank through no fault of his own.  He should not be penalized for this action.

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:

* voiding the applicant’s DA Form 71, dated 22 June 2010 and Special Orders Number 266 AR, dated 2 December 2010, and declaring them to be of no force or effect




* showing he was properly appointed in the Iowa Army National Guard as a major, effective 23 October 2008, with all appropriate adjustment of pay and allowances 



      ______ _   __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)                                         AR20120016873



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ABCMR Record of Proceedings (cont)                                         AR20120016873


   
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