BOARD DATE:	  30 July 2013

		DOCKET NUMBER:  AR20130000807 


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 effective date of initial appointment as a first lieutenant (1LT) in the Ohio Army National Guard (OHARNG) from 17 July 2012 to 24 May 2011. 

2.  The applicant states, through his Personnel Branch Officer, that his appointment packet was delayed in submission to the National Guard Bureau (NGB) for publication of the Federal recognition order.  He was appointed in the OHARNG on 24 May 2011.  His appointment packet was delayed due to personnel turnover, lack of follow-up, and cross training obstacles.  Once all the discrepancies were sorted out, his temporary Federal recognition had expired.  This forced the State to recreate the appointment documents and submit them to the NGB.  His personnel office assumes responsibility for the administrative errors. 

3.  The applicant provides:

* Orders 146-041 (State appointment orders)
* NGB Form 89 (Proceedings of a Federal Recognition Examining Board)
* DA Form 71 (Oaths of Office - Military Personnel)
* NGB Form 337 (Oaths of Office)

CONSIDERATION OF EVIDENCE:

1.  On 24 May 2011, a Federal Recognition Board (FRB) was held by the OHARNG to determine if the applicant was qualified to be awarded Federal recognition.  The proceedings indicated that the applicant was satisfactory in his physical qualifications, moral character, and general qualifications.  He was qualified for appointment as a 1LT, Physician Assistant, Medical Detachment Columbus, OH. 

2.  On 24 May 2011, the applicant executed an oath of office (DA Form 71) as a Reserve commissioned officer and an oath of office (NGB Form 337) as a Reserve commissioned officer of the OHARNG.

3.  The available record does not indicate his appointment packet was forwarded through the State Adjutant General to the NGB for permanent Federal recognition.

4.  On 18 May 2012, the OHARNG published Orders 139-924 appointing the applicant in the OHARNG as a 1LT, Army Medical Specialist Corps, effective 24 May 2011. 

5.  On 17 July 2012, the applicant submitted an NGB Form 62E (Application for Federal Recognition as an ARNG Officer or Warrant Officer and Appointment as a Reserve Commissioned Officer or Warrant Officer of the Army in the ARNG of the United States).  The State Adjutant General endorsed his application. 

6.  On 17 July 2012, a second FRB was held by the OHARNG to determine if the applicant was qualified to be awarded Federal recognition.  The proceedings indicated that the applicant was satisfactory in his physical qualifications, moral character, and general qualifications.  He was qualified for appointment as a 1LT, Physician Assistant, Medical Detachment Columbus, OH. 

7.  On 17 July 2012, he executed a second oath of office (DA Form 71) as a Reserve commissioned officer and a second oath of office (NGB Form 337) as a Reserve commissioned officer of the OHARNG.

8.  On 11 August 2012, the OHARNG published Orders 224-907 again appointing him as a 1LT in the OHARNG effective 17 July 2012. 

9.  On 17 April 2013, NGB Special Orders Number 98 AR extended him Federal recognition for initial appointment in the ARNG with an effective date of 17 July 2012 and with a date of rank as 17 January 2010.  

10.  He attended the Army Medical Department Basic Officer Leader Course from 8 November to 4 December 2012.  

11.  National Guard Regulation 600-100 (Commissioned Officers – Federal Recognition and Related Personnel Actions) provides procedures for processing applications for Federal recognition.  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.  Paragraph 2-2 states 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant executed a DA Form 71 for appointment in the OHARNG on 24 May 2011.  He was granted temporary Federal recognition upon his initial appointment and execution of the oath of office.  At that time, his complete Federal recognition packet and allied documents should have been forwarded to The Adjutant General of the State of Ohio for endorsement to the NGB for extension of permanent Federal recognition.  Through no fault of the applicant, this action was not taken. 

2.  When the State discovered the error, a second Federal recognition packet was considered by another FRB on 17 July 2012.  Based on the recommendations of the second FRB, together with the applicant's oath of office and the state appointment order, NGB issued orders awarding him permanent Federal recognition effective 17 July 2013.  

3.  It is clear that an administrative error denied him permanent Federal recognition effective 24 May 2011.  Based on applicable law and regulation, he is entitled to have his Federal recognition orders amended to show the effective date of permanent Federal recognition in the rank of 1LT as 24 May 2011.  









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 State Army National Guard and Department of the Army records of the individual concerned be corrected by amending Federal Recognition Special Orders Number 98 AR, dated 17 April 2013, to show he was extended Federal recognition in the rank of 1LT effective 24 May 2011.



      _______ _ 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)                                         AR20130000807





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ABCMR Record of Proceedings (cont)                                         AR20130000807



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