BOARD DATE: 7 January 2014
DOCKET NUMBER: AR20130009672
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 Federal recognition effective the date of his original appointment in the Ohio Army National Guard (OHARNG) and as a Reserve of the Army.
2. The applicant states no Federal recognition orders were issued when he was appointed in the OHARNG and as a Reserve of the Army on 19 March 2011.
3. The applicant provides copies of his:
* discharge orders as an ARNG enlisted Soldier
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), dated 18 March 2011
* NGB Form 337 (Oaths of Office) as an ARNG second lieutenant (2LT/
O-1), dated 19 March 2011
* appointment orders as an ARNG 2LT/O-1, effective 19 March 2011
* assignment orders to the 837th Engineer Company
CONSIDERATION OF EVIDENCE:
1. 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) was completed by the OHARNG on 22 February 2011 for the applicant.
2. His NGB Form 337 shows the applicant executed his oaths of office as a 2LT in the OHARNG on 19 March 2011.
3. The applicant completed the Officer Basic Course on 19 September 2012. OHARNG Orders 347-954, dated 12 December 2012, promoted the applicant to first lieutenant with a date of rank and an effective date of 19 September 2012.
4. In the processing of this case an advisory opinion was obtained from the Chief, Personnel Policy Division, NGB. He noted the original Federal recognition request was never processed due to errors by the OHARNG. Approval of the applicant's request was recommended.
5. The NGB advisory opinion was sent to the applicant for his information and opportunity to comment and/or rebut. No response was received.
6. National Guard Regulation 600-100 (Commissioned Officers Federal Recognition and Related Personnel Actions) prescribes policies and procedures governing the appointment, assignment, temporary Federal recognition, Federal recognition, reassignment, transfers between States, branch transfers, area of concentration designation, utilization, branch detail, attachment, and separation of commissioned officers of the ARNG.
a. Paragraph 2-2(b) 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."
b. 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 a Federal Recognition Board (FRB) pending final determination of eligibility and appointment as 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 in accordance with Title 32, U.S. Code, section 308. However, should the initial period of temporary Federal recognition expire due to administrative processing delay, through no fault of the applicant, a subsequent FRB should be convened to consider the request again and grant a new period of temporary Federal recognition from 6 months to 1 year.
7. Title 10, U.S. Code, section 14308(f), states the effective date of a promotion of a Reserve commissioned officer in the Army who is extended Federal recognition in the next higher grade in the ARNG shall be the date in which such Federal recognition in that grade is so extended.
DISCUSSION AND CONCLUSIONS:
1. The applicant executed the oaths of office on 19 March 2011. The OHARNG completed the application for Federal recognition on 22 February 2011. The Federal recognition process normally includes temporary Federal recognition while the NGB process determines whether the individual is qualified for Federal recognition as a Reserve of the Army. Initial temporary Federal recognition is valid for up to 6 months or until Federal recognition is finalized. It may be renewed in 1 year increments.
2. His complete Federal recognition packet and allied documents should have been forwarded by The Adjutant General of the State of Ohio to NGB for extension of permanent Federal recognition. Through no fault of the applicant, this action was not taken.
4. NGB and the OHARNG acknowledge the administrative delay in processing the applicant's appointment packet was due to no fault of the applicant and recommend granting the requested relief.
5. In view of the foregoing and as a matter of equity, it would be appropriate to correct the applicant's records to show he was appointed as a 2LT/O-1 in the OHARNG and as a Reserve of the Army with a date of rank of 19 March 2011 and was granted permanent Federal recognition effective that same date.
BOARD VOTE:
___X__ __X______ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army and State ARNG records of the individual concerned be corrected by:
a. showing he was appointed to the rank/grade of 2LT/O-1 effective and with a date of rank of 19 March 2011 and
b. showing he was granted permanent Federal recognition as a 2LT/O-1 effective and with a date of rank of 19 March 2011.
2. He should be paid all back pay (i.e., pay and allowances, less any withholdings and/or deductions) 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.
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