IN THE CASE OF:	  

		BOARD DATE:	    10 September 2013

		DOCKET NUMBER:  AR20130012870 


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 his initial appointment date to captain (CPT) in the South Carolina Army National Guard (SCARNG) from 1 July 2012 to 2 October 2009.

2.  The applicant states that during the period he was appointed, a new tracking system was being used between the States and the National Guard Bureau (NGB).  Because of the new system and the training required to understand the system, his appointment packet was erroneously deleted.  His original date of appointment in the SCARNG should read 2 October 2009.

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 October 2009
* NGB 337 (Oaths of Office), dated 2 October 2009
* Orders 307-853, issued by the State of South Carolina Military Department, dated 3 November 2009
* NGB Special Orders Number 57 AR, dated 22 February 2013
* Army National Guard Current Annual Statement, prepared on 25 January 2013

CONSIDERATION OF EVIDENCE:

1.  The applicant previously served 5 years and 21 days in the Regular Army.  He was discharged on 1 October 2009 in the rank of CPT.

2.  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.

3.  Orders 307-853, dated 3 November 2009, appointed him a CPT in the SCARNG with a date of rank of 1 November 2007.

4.  NGB Special Orders 57 AR, dated 22 February 2013, extended him permanent Federal recognition for his initial appointment as a CPT, effective 
1 July 2012.

5.  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 Federal Recognition Examination Board (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
6 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.

6.  Title 32, U.S. Code, 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. Code, 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.

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his Federal recognition initial appointment date should be 2 October 2009 instead of 1 July 2012 was carefully considered.

2.  It is clear that an administrative error denied him Federal recognition effective 2 October 2009.  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 CPT as 2 October 2009.

3.  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.

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 the State Army National Guard records and the Department of the Army records of the individual concerned be corrected by:

	a.  showing successive periods of extension for temporary Federal recognition; and

	b.  amending NGB Special Orders Number 57 AR, dated 22 February 2013, to show he was extended Federal recognition in the rank of CPT for the purpose of initial appointment, effective 2 October 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)                                         AR20130012870



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ABCMR Record of Proceedings (cont)                                         AR20130012870



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