IN THE CASE OF:
BOARD DATE: 6 March 2014
DOCKET NUMBER: AR20130010585
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 his permanent Federal recognition Special Orders Number 57 AR, dated 22 February 2013, be changed to show his initial appointment effective date as 1 October 2010 instead of 1 July 2012.
2. He states:
a. A new tracking system was used between the States and National Guard Bureau (NGB) during the period he was appointed.
b. His appointment packet was erroneously deleted from the system due to this new system and the required training.
c. His temporary Federal recognition expired; therefore, a new appointment packet had to be forwarded with an updated effective date.
d. His original date of appointment into the South Carolina Army National Guard (SCARNG) should read "1 October 2010."
3. He provides:
* Special Orders Number 57 AR
* NGB 337 (Oaths of Office)
* SCARNG Orders 272-853
* NGB 23B (ARNG Current Annual Statement)
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving in the SCARNG in the rank of captain (CPT)/O-3.
2. On 16 July 2010, a Federal recognition board was held by the SCARNG to determine if the applicant was qualified to be awarded Federal recognition. The proceedings indicated he was required to attend the Officer Basic Course within 12 months of his appointment in the ARNG.
3. Orders 272-853 published by the SCARNG on 29 September 2010 appointed the applicant as a first lieutenant (1LT), Judge Advocate Generals Corps, in the SCARNG with an effective date and date of rank of 1 October 2010.
4. On 1 October 2010, the applicant executed the oaths of office as a 1LT in the SCARNG and he was granted temporary Federal recognition.
5. On 1 October 2010, the applicant was appointed as a Reserve officer in the rank of 1LT.
6. On 28 September 2011, the applicant successfully completed the Judge Advocate Officer Basic Course.
7. NGB Special Orders Number 57 AR, dated 22 February 2013, announced the extension of Federal recognition in the ARNG for the purpose of initial appointment in the grade of 1LT effective 1 July 2012.
8. National Guard Regulation (NGR 600-100) (Commissioned Officers-Federal Recognition and Related Personnel Actions), paragraph 10-15b states that temporary Federal recognition may be granted by a FRB to those eligible when the board finds that the member has successfully passed the examination prescribed herein, has subscribed to the oaths 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 FRB will forward the NGB Form 89 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.
DISCUSSION AND CONCLUSIONS:
1. Records show that the applicant was granted temporary Federal recognition effective 1 October 2010 upon his initial appointment in the SCARNG as a 1LT.
2. The evidence of record shows his packet for permanent Federal recognition was not submitted to the NGB in a timely manner. As a result, he was granted Federal recognition for initial appointment on 1 July 2012.
3. As a matter of equity, it would be appropriate to amend Special Orders Number 57 AR to show the effective date of permanent Federal recognition in the grade of 1LT as 1 October 2010 instead of 1 July 2012.
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 NGB Special Orders Number 57 AR, dated 22 February 2013, to show that the applicant was extended Federal recognition for initial appointment effective 1 October 2010.
_______ _ 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) AR20130010585
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130010585
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130010587
The available records do not indicate when her appointment packet was forwarded through the State Adjutant General to NGB for permanent Federal recognition. National Guard Regulation 600-100 (Commissioned Officers Federal Recognition and Related Personnel Actions) provides procedures for processing applications for Federal recognition. Based on applicable law and regulation, she is entitled to have her Federal recognition orders amended to show the effective date of permanent Federal...
ARMY | BCMR | CY2014 | 20140013547
The applicant's records contain 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), dated 27 February 2010, which shows she requested Federal recognition and appointment in the ARNG as a 1LT Judge Advocate (JA). (5) On 5 May 2014, the applicant received a corrected date for Federal recognition to 1LT effective 1 October 2010. c. The...
ARMY | BCMR | CY2014 | 20140019913
SCARNG Orders 316-864, dated 12 November 2014, amended Orders 296-911, dated 23 October 2014, to show he was appointed as a 1LT in the ARNG officer with an effective date and DOR of 28 December 2013. The advisory official recommended approval of the applicant's request to adjust his initial appointment date and DOR to 2LT to 28 June 2012 and stated: a. He was extended Federal recognition for his initial appointment in the SCARNG as a 2LT with an effective date and DOR of 3 October 2013.
ARMY | BCMR | CY2013 | 20130012870
An NGB 337, dated 2 October 2009, shows he was commissioned a CPT in the SCARNG and granted temporary Federal recognition on 2 October 2009. Therefore, his record should be corrected to show he received successive additional periods of extension of temporary Federal recognition and amend NGB Federal Recognition Special Orders Number 57 AR, dated 22 February 2013, to show he was extended Federal recognition in the rank of CPT effective 2 October 2009 for initial appointment. As a result,...
ARMY | BCMR | CY2013 | 20130012458
Therefore, the state Office of Personnel Management and the NGB required a new appointment packet with an adjusted date. Paragraph 2-4 states the effective date of Federal recognition for appointment is the date on which the warrant officer executed the Oath of Office (NGB Form 337). 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 WO1 as 25 May 2011 and any pay...
ARMY | BCMR | CY2011 | 20110014706
The available record does not indicate his appointment packet was forwarded through the State Adjutant General to the NGB for permanent Federal recognition. a. Paragraph 2-2 states that 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. As a result, the Board recommends that State Army National Guard records and all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2012 | 20120021254
On 14 May 2011, a Federal Recognition Board (FRB) convened by the HIARNG to consider the applicant for appointment into the ARNG. a. Paragraph 2-2 states that 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. 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 266 AR,...
ARMY | BCMR | CY2012 | 20120008689
The evidence of record shows the applicant executed a DA Form 71 for appointment as a Reserve commissioned officer on 24 March 2011. It is clear that after the applicant was granted temporary Federal recognition on 24 March 2011, an administrative error denied him permanent Federal recognition effective 24 March 2011. 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: * amending...
ARMY | BCMR | CY2013 | 20130002444
There is no evidence the applicant received permanent Federal recognition as a 2LT from NGB within the 6-month period required by Army National Guard/Army regulations. In the processing of this case an advisory opinion was obtained from the Chief, Personnel Division, NGB, wherein, he recommended approval of the applicant's request to backdate her initial 2LT appointment to 23 May 2010, to promote her to 1LT effective on and with a date of rank of 23 November 2011, and provide her all...
ARMY | BCMR | CY2013 | 20130004587
On 26 April 2013, the NGB published an advisory opinion in support of the applicant's request for relief, wherein the Chief, Personnel Policy Division, NGB, recommended approval of the applicants request to adjust his initial appointment date to 8 May 2010, and promoting him to 1LT on 8 November 2011, and restoration of back pay and allowances. The evidence of record shows the applicant was granted temporary Federal recognition effective 8 May 2010, upon his initial appointment in the...