IN THE CASE OF:
BOARD DATE: 19 December 2013
DOCKET NUMBER: AR20130016091
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 that his date of rank (DOR) for appointment to the rank of second lieutenant (2LT) be changed to 10 September 2011.
2. The applicant states, in effect, that he was appointed as a 2LT in the Missouri Army National Guard (MOARNG) on 10 September 2011; however, his Federal recognition packet was lost or was set aside and was not processed until he was granted Federal recognition on 14 February 2013.
3. The applicant provides a list of enclosures provided with his application as page 5 of his application.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was serving in the MOARNG in the pay grade of E-6 when he was honorably discharged on 9 September 2011 to accept a commission in the MOARNG.
3. He graduated from Officer Candidate School and was appointed as a 2LT in the MOARNG on 10 September 2011.
4. The applicants Federal Recognition packet was forwarded for actions but was not acted on. A new packet was forwarded and Federal recognition was granted on 14 February 2013 and the applicant took another oath of appointment on
14 February 2013. Accordingly, his DOR and effective date for appointment as a 2LT was changed to 14 February 2013.
5. National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions) provides that the effective date of Federal recognition for original appointment is the date on which the commissioned officer executes the oaths of office in the State.
DISCUSSION AND CONCLUSIONS:
1. The applicant executed his original oath of office as a 2LT on 10 September 2011. For reasons that are not fully explained in the available records, his application for permanent Federal recognition was not acted on by the appropriate authorities in a timely manner.
2. As a result, the applicant's permanent Federal recognition was unduly delayed through no fault of the applicant.
3. Accordingly, it would be in the interest of justice at this time to correct the applicant's records by changing his DOR from 14 February 2013 to
10 September 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 Department of the Army and State ARNG records of the individual concerned be corrected by changing his DOR to 10 September 2011 and showing he was granted Federal recognition as a 2LT effective 10 September 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) AR20130016091
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130016091
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