IN THE CASE OF: 

		BOARD DATE:	    23 April 2014

		DOCKET NUMBER:  AR20130021544 


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 Virginia Army National Guard (VAARNG) records as follows: 

* adjustment of her initial effective date of appointment and date of rank (DOR) to second lieutenant (2LT) from 21 September to 3 August 2011
* promotion to first lieutenant (1LT) effective 3 February 2013, the 18-month mark

2.  The applicant states:

	a.  Currently, her National Guard Bureau (NGB) Form 337 (Oaths of Office); NGB Form 89 (Proceedings of a Federal Recognition Examining Board (FERB)); and NGB Special Orders (SO) Number 12 AR, extending her Federal recognition, indicate that she commissioned on 21 September 2011.  However, she signed her DA Form 71 (Oath of Office - Military Personnel) on 3 August 2011.  Also, she was on active duty for training at the Military Intelligence Officer Basic Course, beginning on 9 August 2011. 

	b.  It does not make sense nor does she see a justified reason to not change this date.  On top of all this, it has taken NGB thus far 10 months to promote her from a 2LT to 1LT.  She is still waiting for this to happen.  The VAARNG has already input all her records for this promotion; it is just waiting at the NGB level. Currently, their date for her to make 1LT is supposed to be exactly 18 months after she commissioned.  Therefore, their date for promoting her is 21 March 2013.  However, with this correction, her date for promotion should be 3 February 2013.  

3.  The applicant provides:

* Appointment memorandum, dated 3 August 2011
* DA Form 71, dated 3 August 2011
* DA Form 1059 (Service School Academic Evaluation Report)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* NGB Form 89, dated 21 September 2011
* NGB SO Number 12 AR
* NGB Form 337, dated 21 September 2011

CONSIDERATION OF EVIDENCE:

1.  The applicant executed an Army Senior Reserve Officers' Training Corps (ROTC) Scholarship Cadet Contract on 31 August 2009.  She would attend the University of Pittsburgh, PA.

2.  On 21 October 2009, she enlisted in the Pennsylvania Army National Guard (PAARNG) and on 28 October 2009, she executed an ARNG Simultaneous Membership Program Agreement.  Additionally, on 10 December 2009, she was promoted to sergeant/Cadet and awarded military occupational specialty 09R (SMP Member), effective 21 October 2009.

3.  On 9 February 2010, she transferred to the Michigan Army National Guard (MIAARNG).  She was enrolled at the University of Michigan ROTC program.  

4.  On 11 April 2011, she submitted an application for appointment as a Reserve Officer of the Army in the ARNG.

5.  On 2 August 2011, she was honorably discharged from her enlisted status in the MIARNG for the purpose of appointment as a commissioned officer or warrant officer. 

6.  On 3 August 2011, an official of Headquarters, Seventh Brigade (ROTC), University of Michigan, issued the applicant a memorandum indicating she was appointed as a Reserve commissioned officer of the Army under Title 10, U.S. Code, sections 12201, 12203, 2104, 2106, and 2017, effective on the date of her acceptance. 

7.  Also on 3 August 2011, the applicant executed an oath office, at Ann Arbor, MI, recording the date of acceptance of appointment as a Reserve commissioned officer of the Army on that date.

8.  There is no indication she executed an oath of office (NGB Form 337) for appointment in the ARNG.  

9.  On 12 August 2011, she entered active duty in the rank of 2LT, from Grand Rapids, MI, and successfully completed the Military Intelligence Basic Officer Leadership Course from 15 August to 15 December 2011.  She was honorably released from active duty on 15 December 2011 to the control of the The Adjutant General, State of MI. 

10.  On 21 September 2011, while the applicant was on active duty, an FREB was convened by the Wyoming ARNG (WYARNG) to consider the applicant for appointment into the ARNG.  The FREB found the applicant professionally qualified for appointment as a 2LT in the WYARNG.  

11.  On 21 September 2011, the applicant executed an NGB Form 337 accepting her appointment in the ARNG. 

12.  Also on 21 September 2011, the WYARNG published Orders 264-005 appointing her as a 2LT in the WYARNG, effective 21 September 2011, in accordance with chapter 2-1 of National Guard Regulation (NGR) 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions).  She was assigned to the 115th Fires Brigade, Cheyenne, WY. 

13.  On 11 January 2012, NGB SO Number 12 AR extended her Federal recognition for initial appointment in the WYARNG with an effective date and DOR of 21 September 2011.

14.  On 20 January 2012, the WYARNG awarded her area of concentration (AOC) 35D (All Source Intelligence). 

15.  Between 25 June 2012 and 25 September 2012, she attended and successfully completed the Electronic Warfare Officer Qualification Course, Functional Area 29. 

16.  On 9 August 2013, she was reassigned from the 115th Fires Brigade, WYARNG, to the 116th Infantry Brigade Combat Team, Taunton, VA, VAARNG.


17.  On 23 August 2013, NGB published SO Number 210 AR extending her Federal recognition for an interstate transfer from the WYARNG to the VAARNG, effective 9 August 2013.  She was assigned to the 116th Infantry Brigade Combat Team.

18.  On 14 September 2013, the VAARNG published Orders 257-034 promoting her to 1LT in the VAARNG effective 13 September 2013.  

19.  On 18 September 2013, the VAARNG published orders awarding her AOC 29A, effective 18 September 2013. 

20.  As of the date of her application, NGB had not extended her federal recognition for promotion to 1LT. 

21.  National Guard Regulation 600-100 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.  

	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. 

	b.  Paragraph 2-13 states that 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 FRB pending final determination of eligibility and appointment as a Reserve commissioned officer of the Army.

	c.  Temporary Federal recognition may be granted by an FRB 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 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.
22.  NGB Personnel Policy Memorandum 08-035, dated 25 November 2008 and Department of the Army, Office of the Assistant Secretary of the Army (Manpower and Reserve Affairs) Memorandum, dated 19 August 2008, state that "this memorandum establishes Department of the Army Policy authorizing Reserve Component 2LTs on the Reserve Active Status List (RASL) to be promoted to 1LT with a minimum of 18 months time in grade (TIG) and completion of the Basic Officer Leadership Course, if otherwise qualified."

DISCUSSION AND CONCLUSIONS:

1.  The applicant was an SMP ROTC graduate.  She was honorably discharged from her enlisted status on 2 August 2011 and executed an oath of office for appointment as a Reserve commissioned officer on 3 August 2011.  

2.  However, the evidence of record shows the applicant executed an NGB Form 337 for appointment in the State on 21 September 2011, not 3 August 2011.  At that time, her complete Federal recognition packet and allied documents were forwarded to The Adjutant General of the State of Michigan for endorsement to the NGB for extension of permanent Federal recognition.  This action was completed to standard.  Accordingly, within 90 to 120 days, specifically, on 11 January 2012, NGB published SO AR 12 AR extending her Federal recognition for initial appointment in the ARNG effective 21 September 2011, the date she executed the oath of office.  There is neither an error nor an injustice in the effective date of appointment.  

3.  On 14 September 2013, her state published orders promoting her to 1LT effective 13 September 2013.  She may have been eligible for promotion prior to that date, possibly at the 18-month mark; however, there is no additional information to establish if she met the promotion criteria and/or was recommended for promotion by her chain of command.  Furthermore, NGB is still processing her Federal recognition for promotion to 1LT.  This process requires a scrolling action.  Scrolling action is a function of the Secretary of Defense and is not within the purview of this Board. 

4.  The applicant's effective date of appointment appears to be accurate based on the date she executed the oath of office and there is no reason to change it.  







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X___  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      __________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)                                         AR20130021544





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ABCMR Record of Proceedings (cont)                                         AR20130021544



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