IN THE CASE OF:	  

		BOARD DATE:	  13 March 2014

		DOCKET NUMBER:  AR20130010587 


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 her effective date of initial appointment as a first lieutenant (1LT)/O-2 in the South Carolina Army National Guard (SCARNG) to show 1 October 2010.

2.  The applicant states a new tracking system was being used between the States and the National Guard Bureau (NGB) during the period she was appointed.  This system was new and required user training and, as a result, her appointment packet was erroneously deleted from the system.  Her temporary Federal recognition expired sometime after her packet was submitted/deleted.  Therefore, the State Office of Personnel Management and NGB required a new appointment packet with an adjusted date.  Her original date of appointment in the SCARNG was 1 October 2010; however, Federal recognition orders (NGB Special Orders Number 57 AR) issued by NGB on 22 February 2013 listed her initial appointment to 1LT as 1 July 2012.

3.  The applicant provides:

* NGB Form 89 (Proceedings of a Federal Recognition Examining Board), dated 16 July 2010
* SCARNG Orders 272-854, dated 29 September 2010
* DA Form 71 (Oath of Office-Military Personnel), dated 1 October 2010
* NGB Form 337 (Oaths of Office), dated 1 October 2010
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* ARNG Current Annual Statement
* 
ARNG Retirement Points Statement, dated 2 October 2012
* NGB Special Orders Number 57 AR, dated 22 February 2013

CONSIDERATION OF EVIDENCE:

1.  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.  This form shows she requested Federal recognition and appointment in the ARNG as a Judge Advocate (JA) 1LT.

2.  On 16 July 2010, a Federal Recognition Board (FRB) was held by the SCARNG to determine if the applicant was qualified to be awarded Federal recognition.  The proceedings indicated the applicant was satisfactory in her physical qualifications, moral character, and general qualifications.  She was qualified for appointment as a JA 1LT.

3.  SCARNG Orders 272-854, dated 29 September 2010, appointed her as a 1LT in the SCARNG with a date of rank (DOR) and effective date of 1 October 2010.

4.  On 1 October 2010, she executed a DA Form 71 as a Reserve commissioned officer and an NGB Form 337 as a Reserve commissioned officer of the SCARNG.

5.  Her records contain a DA Form 1059 (Service School Academic Evaluation Report) showing she completed the JA Officer Basic Course on 28 September 2011.

6.  The available records do not indicate when her appointment packet was forwarded through the State Adjutant General to NGB for permanent Federal recognition.

7.  On 22 February 2013, NGB Special Orders Number 57 AR extended her Federal recognition as a 1LT for initial appointment in the ARNG with an effective date of 1 July 2012.

8.  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 SCARNG on 1 October 2010.  She was granted temporary Federal recognition upon her initial appointment and execution of the oaths of office.  At that time, her complete Federal recognition packet and allied documents should have been forwarded to The Adjutant General of the State of South Carolina for endorsement to NGB for extension of permanent Federal recognition.  Through no fault of the applicant, this action was not taken.

2.  It is unclear when her State discovered the error and there is no evidence a second Federal recognition packet was submitted/considered or that another FRB was conducted.  Nevertheless, NGB issued orders awarding her permanent Federal recognition effective 1 July 2012.

3.  It is clear that an administrative error denied her permanent Federal recognition effective 1 October 2010.  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 1LT as 1 October 2010 and to any pay and allowances to which she may be entitled as a result of this correction.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 NGB Special Orders Number 57 AR, dated 22 February 2013, to show she was extended Federal recognition in the rank of 1LT effective 1 October 2010.  Additionally, she should be paid any pay and allowances to which she may be entitled as a result of this correction.



      _____________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)                                         AR20130010587



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130010587



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1