IN THE CASE OF:	  

		BOARD DATE:	  20 August 2014

		DOCKET NUMBER:  AR20130021511 


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, in effect, correction of his record to show he was extended Federal recognition effective the date of his original appointment as a second lieutenant (2LT) in the Utah Army National Guard (UTARNG).

2.  The applicant states a Federal recognition order for his initial appointment was never processed by the ARNG.  His Federal recognition appointment was uploaded to the Federal Recognition Branch in January 2012 upon his completion of Federal Officer Candidate School.  However, the packet was somehow lost and when the issue was raised in July 2013 he could not re-upload his packet due to it being backdated 12 months or more.  He states his National Guard Bureau (NGB) Form 337 (Oaths of Office) and DA Form 71 (Oath of Office – Military Personnel) are dated “27” July 2011; however, his appointment cannot be uploaded to reflect that date.

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 27 July 2011
* DA Form 71
* NGB Form 337
* 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 ARNG of the United States)
* Joint Forces Headquarters (JFHQ) UTARNG Orders 348-026
* JFHQ UTARNG Orders 348-027
* Senior Army Advisor memorandum
* NGB Form 89 (Proceedings of a Federal Recognition Examining Board (FREB))

CONSIDERATION OF EVIDENCE:

1.  His record shows he completed the Officer Candidate Course on 27 July 2011. 

2.  An NGB Form 337 shows he was commissioned as a 2LT in the UTARNG and granted temporary Federal recognition on 28 July 2011.

3.  He provides an application for Federal recognition, dated 18 September 2011. 

4.  On 14 December 2011:

* a Federal Recognition Examination Board (FREB) recommended him for appointment as a commissioned officer
* JFHQ UTARNG issued Orders 348-026 discharging him as an enlisted member of the ARNG and as a Reserve of the Army, effective 27 July 2011
* JFHQ UTARNG issued Orders 348-027 appointing him as a 2LT in the ARNG, effective 28 July 2011

5.  An advisory opinion, dated 10 April 2014, was received from the NGB in the processing of this case.  The advisory official stated the applicant contended his promotion packet was submitted to the NGB in January 2012 but due to an administrative error his promotion packet was lost, which resulted in no initial Federal recognition being processed.  The Chief, Personnel Policy Division recommended publication of an initial special order (Federal recognition to 2LT) that reflects the applicant's initial appointment date as 28 July 2011 with all back pay and allowances associated with this correction.

6.  The UTARNG concurred with NGB's recommendation.

7.  On 17 July 2014, a copy of the advisory opinion was forwarded to the applicant for his comment.  However, no response has been received from him.

8.  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 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 therein, 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 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.

9.  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 ARNG 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.  

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his Federal recognition and initial appointment date and date of rank (DOR) to 2LT should be changed.

2.  It appears an administrative error resulted in his Federal recognition for initial appointment to the rank of 2LT not being processed.  Therefore, based on the applicable law and regulation his record should be corrected to show he received an extension of temporary Federal recognition and NGB Federal Recognition Special Orders should be published showing an effective date of permanent Federal recognition in the rank of 2LT as 28 July 2011.  His effective date of appointment and DOR should be 28 July 2011.

3.  He should be provided all pay and allowances due as a result of this correction.

4.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below. 

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 records of the individual concerned be corrected by:

	a.  	showing an extension of temporary Federal recognition was granted;

	b.  publishing NGB Federal Recognition Special Orders to show he was extended Federal recognition in the rank of 2LT effective 28 July 2011 with an appointment date and DOR of 28 July 2011; and

   c.  providing him all pay and allowances associated with 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)                                         AR20130021511



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ABCMR Record of Proceedings (cont)                                         AR20130021511



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