IN THE CASE OF:    

		BOARD DATE:  30 September 2014  	  

		DOCKET NUMBER:  AR20130022313 


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 records to show she received Federal recognition for an initial appointment as a second lieutenant (2LT) in the Alabama Army National Guard National (ALARNG) on 16 December 2010.

2.  The applicant states:

* her original date of commission is 16 December 2010
* her basic date of appointment was corrected to show 16 December 2010, but her date of rank (DOR) was not adjusted
* she became eligible for promotion to first lieutenant (1LT) on 16 December 2012
* the ALARNG changed the date of commission to 17 February 2011, which is incorrect

3.  The applicant provides:

* memorandum, dated 9 September 2013
* DA Forms 71 (Oath of Office), dated 16 December 2010 and 17 February 2011
* appointment memorandum, dated 16 December 2010
* DA Form 1059 (Service School Academic Evaluation Report)
* promotion orders, dated 12 September 2012
* excerpt from Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the ALARNG on 8 June 2010.  She was ordered to active duty for training on 29 June 2010.  She completed the Commissioned Officer Candidate Course and she was released from active duty on 15 December 2010.

2.  On 16 December 2010, she executed an oath of office as a Reserve commissioned officer in the rank of 2LT.

3.  On 16 February 2011, she was honorably discharged from the ALARNG for appointment as a commissioned officer.

4.  On 17 February 2011, she executed an oath of office as a Reserve commissioned officer in the rank of 2LT.

5.  On 17 February 2011, she executed oaths of office in the ALARNG and was granted temporary Federal recognition in the rank of 2LT.

6.  ALARNG orders show she was appointed as a 2LT in the ARNG effective 17 February 2011.

7.  There is no evidence which shows the applicant received initial Federal recognition as a 2LT from the National Guard Bureau (NGB).

8.  NGB Special Orders Number 209 AR, dated 6 September 2011, show the applicant was granted Federal recognition for initial appointment in the rank of 2LT effective 17 February 2011.

9.  She completed the Basic Officer Leader Course (BOLC) on 4 October 2011.

10.  ALARNG Orders 256-554, dated 12 September 2012, show she was promoted to 1LT effective 17 August 2012.  National Guard Regulation 600-100 (Commissioned Officers – Federal Recognition and Related Personnel Actions), paragraph 8-6 (should read paragraph 8-7), and Verbal Order of The Adjutant General of Alabama were cited as the authority for this promotion.

11.  NGB Special Orders Number 331 AR, dated 18 September 2012, show she was extended Federal recognition for promotion to the grade of 1LT effective 17 August 2012.

12.  In the processing of this case, a staff advisory opinion was obtained from the Chief, Personnel Policy Division, NGB.  The advisory official recommends approval of the applicant’s request with the following recommendations:

	a.  amending NGB Special Orders Number 209 AR, dated 6 September 2011, to reflect the applicant's initial appointment date as 16 December 2010;

	b.  amending NGB Special Orders Number 331 AR, dated 18 September 2012, to reflect the applicant's promotion effective date and DOR to 1LT as of 16 June 2012; and

	c.  paying her all back pay and allowances associated with this correction.

13.  The advisory opinion further states:

	a.  The applicant states she was commissioned upon completion of the Active Component Officer Candidate School (OCS) on 16 December 2010 and signed the oath of office the same day.  However, she signed another oath of office on 17 February 2011 when she returned to her State of Alabama upon completion of OCS.  It is undetermined as to why a second DA Form 71 was issued.  The ALARNG submitted her initial appointment packet to NGB in order to publish the Federal recognition order with an effective date of 17 February 2011, instead of 16 December 2010.  The applicant also indicates this administrative error delayed her promotion eligibility date for 1LT, and it should have been 16 June 2012 with time in grade (TIG) of 18 months from her original DOR of 17 August 2012, not 16 June 2012.  Thus, the administrative error of her initial appointment date was no fault of the applicant.

	b.  In accordance with Army Regulation 350-51 (U.S. Army Officer Candidate School), paragraph 5-8(a), "An OCS graduate tendered an appointment becomes a commissioned officer upon taking the oath of office and executing a DA Form 71 (Oath of Office – Military Personnel).  This act serves as acceptance of the appointment (10 USC 12203)."

	c.  In accordance with National Guard Regulation 600-100, paragraph 2-2(b), "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."

	d.  NGB Memorandum, subject:  Reduction in the TIG Requirements for Promotion of Reserve Component Officers to First Lieutenant (NGB Policy Memorandum Number 08-035) authorizes all National Guard officers in the rank of 2LT on the Reserve Active Status List to be promoted with a minimum of 18 months of TIG.  2LT's may be promoted at 18 months of TIG provided they have completed BOLC and are otherwise qualified.  The effective date of promotion will not precede 19 August 2008.

	e.  The applicant would have been eligible for promotion to 1LT on 16 June 2012.  Her DA Form 1059 shows she completed BOLC on 4 October 2011.  Therefore, she should have been promoted to 1LT with a promotion effective date and DOR of 16 June 2012.

	f.  The State concurs with this recommendation.

14.  A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal.  She did not respond.

15.  National Guard Regulation 600-100 states:

	a.  The effective date of Federal recognition for original appointment is that date on which the commissioned officer executes the oaths of office in the State.

	b.  Temporary Federal recognition upon initial appointment establishes the authorized grade to be used by all officers in their Federally-recognized status.

	c.  Temporary Federal recognition may be extended to an officer who has been found to be qualified by a Federal Recognition Board for appointment in the ARNG of a State pending receipt of permanent Federal recognition and appointment as a Reserve officer of the Army.  Temporary Federal recognition may be withdrawn when necessary at any time.  Unless sooner withdrawn or official orders issued granting 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 Federal Recognition Board must be convened to consider granting 6 months of temporary Federal recognition.

	d.  Section II (Promotion to fill unit vacancies), paragraph 8-7 (Eligibility for promotion) of National Guard Regulation 600-100 states to be considered for Federal recognition and subsequent Reserve of the Army promotion following State promotion to fill a unit vacancy, an ARNG commissioned officer must:

* be in an active status
* be medically fit and meet the height and weight standards
* have completed the minimum years of promotion service
* have completed the minimum military education requirements
* have completed the minimum civilian education requirements
* have passed an Army Physical Fitness Test with the time frame prescribed

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant executed an oath of office as a Reserve commissioned officer in the rank of 2LT on 16 December 2010 upon completion of OCS.  She was granted Federal recognition for initial appointment in the rank of 2LT effective 17 February 2011.

2.  The NGB advisory opinion points out the administrative error of the applicant's initial appointment date was no fault of the applicant and it delayed her promotion eligibility date for 1LT.  Therefore, it would be equitable to correct her military records to show she was granted initial Federal recognition effective 16 December 2010 upon her initial appointment in the ALARNG as a 2LT.

3.  She completed BOLC on 4 October 2011 and met the TIG requirement (18 months) on 16 June 2012.  Therefore, it would be equitable to correct her military records to show her effective date of promotion to 1LT is 16 June 2012 with a DOR of 16 June 2012.  It would also be equitable to show she was granted Federal recognition for promotion to 1LT effective 16 June 2012.

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:

	a.  granting her Federal recognition effective 16 December 2010 in the rank of 2LT upon her initial appointment in the ALARNG;

	b.  showing she was promoted to 1LT with a DOR and effective date of 16 June 2012;

	c.  granting her Federal recognition effective 16 June 2012 in the rank of 1LT; and

	d.  paying her all back pay and allowances due as a result of these corrections.



      ___________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)                                         AR20130022313



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ABCMR Record of Proceedings (cont)                                         AR20130022313



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