IN THE CASE OF:	  

		BOARD DATE:  25 July 2013

		DOCKET NUMBER:  AR20120021123 


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 an adjustment of her initial effective date of appointment to second lieutenant (2LT) in the Indiana Army National Guard (INARNG) from 6 October 2011 to 18 November 2009.

2.  The applicant states she received a direct commission as a chaplain candidate on 18 November 2009. 

3.  The applicant provides a copy of her original initial appointment packet. 

CONSIDERATION OF EVIDENCE:

1.  On 17 September 2009, a Federal Recognition Examining Board (FREB) recommended that the applicant be granted Federal recognition.

2.  On 17 November 2009, the applicant executed an oath of office as a Reserve commissioned officer.  On the same date she executed an oath of office for an appointment in the INARNG.

3.  Orders Number 349-1184, issued by the Joint Force Headquarters – Indiana, Indianapolis, IN, dated 15 December 2009, show the applicant was granted temporary Federal recognition as a 2LT with an effective date of 30 September 2009.

4.  Orders Number 363-006, issued by the Joint Force Headquarters – Indiana, dated 29 December 2010, ordered the applicant to active duty for completion of Chaplain Initial Military Training during the period 9 January to 4 February 2011.

5.  Orders Number 168-042, issued by the Joint Force Headquarters – Indiana, dated 17 June 2011, show the applicant was ordered to active duty for completion of the Chaplain Basic Officer Leader Course during the period 2 July to 19 August 2011.

6.  On 17 May 2012, the National Guard Bureau (NGB) published Special Orders Number 182 AR, extending her Federal recognition for her initial appointment as a 2LT, effective 6 October 2011.

7.  On 20 November 2012, an advisory opinion was obtained from the NGB in the processing of this case.  The advisory official recommended approval of the applicant’s request to adjust her initial appointment date to 17 November 2009.  The official stated that due to an administrative error, the applicant was never granted Federal recognition.  The State concurred with the recommendation.

8.  The applicant was provided a copy of the advisory opinion for information/rebuttal but she did not respond in the allotted time.

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

	a.  Paragraph 2-1 states commissioned officers of the ARNG 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 ARNG 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 oath of office in the State.  Paragraph 2-3a states that 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 ARNG 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 six 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 FREB should be convened to consider the request again and grant another new period of temporary Federal recognition if warranted.

	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 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 FREB will forward the NGB Form 89 (ARNG Proceedings of a FREB) 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.

10.  Title 32(United States Code (U.S.C.)), section 308, (Federal recognition of officers:  temporary recognition) allows the Secretary of the Army to extend temporary Federal recognition as an officer of the Army National Guard to any person who has passed the examination prescribed in Title 10, U.S.C., section 307(b), pending his or her appointment as a Reserve officer of the Army.  The statute allows for temporary Federal recognition to be extended up to a year.  The statute does not expressly prohibit extension of additional periods of temporary Federal recognition.  

11.  Title 10, U.S.C., section 12211(b), states when an officer granted temporary Federal recognition in the ARNG is appointed in the U. S. Army Reserve, his or her appointment date will bear the date of the temporary Federal Recognition.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her Federal recognition appointment date should be 17 November 2009 instead of 6 October 2011 was carefully considered.

2.  It is clear that an administrative error denied her Federal recognition effective 17 November 2009.  Based on applicable law and regulation, she is entitled to have her Federal recognition orders amended to show the effective date of permanent Federal recognition in the rank of 2LT as 17 November 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 Department of the Army records of the individual concerned be corrected by amending Federal Recognition Special Orders Number 182 AR, dated 17 May 2011, to show she was extended Federal recognition in the rank of 2LT effective 17 November 2009.




      _______ _  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)                                         AR20120021123



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ABCMR Record of Proceedings (cont)                                         AR20120021123



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