IN THE CASE OF:	   

		BOARD DATE:	  13 October 2014

		DOCKET NUMBER:  AR20140001674 


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 her initial appointment date to first lieutenant (1LT) in the Alaska Army National Guard (AKARNG) from 13 February 2004 to 24 April 2003.

2.  The applicant states her initial effective date of appointment should be 
24 April 2003.

3.  The applicant provides:

* Department of the Army (DA) Form 71 (Oath of Office - Military Personnel), dated 24 April 2003
* National Guard Bureau (NGB) Form 337 (Oaths of Office), dated 24 April 2003
* Special Orders Number 143 AR, issued by NGB on 14 June 2004
* a memorandum, dated 10 March 2003, subject: Results of 5 – 7 March 2003 Selection Board for the Reserve of the Army without Concurrent Call to Active Duty (Army National Guard (ARNG)/Army Nurse Corps (ANC)

CONSIDERATION OF EVIDENCE:

1.  Orders 120-002, issued by the AKARNG on 29 April 2003, appointed the applicant as a 1LT in the AKARNG effective 24 April 2003.

2.  Orders 048-003, issued by the AKARNG on 17 February 2004, revoked Orders 120-002.
3.  Orders 048-005, issued by the AKARNG on 17 February 2004, show she was appointed as a 1LT in the AKARNG effective 13 February 2004.  On this same date, she executed the Oaths of Office and was granted temporary Federal recognition.

4.  A DA Form 71, dated 13 February 2004, shows she took the oath as a Reserve commissioned officer in the rank of 1LT on 13 February 2004.

5.  Special Orders Number 143 AR, issued by NGB on 14 June 2004, show she was extended permanent Federal recognition for her initial appointment as a 1LT, effective 13 February 2004.  These orders adjusted her date of rank as a 1LT to 13 February 2003.

6.  A DA Form 67-9 (Officer Evaluation Report) (OER) for the period 24 April 2003 through 23 April 2004 shows she served as a clinical nurse during the period 24 April 2003 through 23 April 2004 with the AKARNG Medical Detachment, Fort Richardson, AK.

7.  She provides:

* an NGB Form 337, dated 24 April 2003, which shows she was appointed as a 1LT in the AKARNG and granted temporary Federal recognition, effective 24 April 2003
* a DA Form 71, dated 24 April 2003, which shows she took the oath as a Reserve commissioned officer of the Army on 24 April 2003

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 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.

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 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.

10.  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.  Her OER shows she served as a clinical nurse in the AKARNG for a year prior to the effective date of Federal recognition for her original appointment.  It appears that an administrative error, likely the expiration of temporary Federal recognition, denied her Federal recognition effective 24 April 2003. 

2.  Based on applicable law and regulation, she is entitled to have her Federal recognition orders amended to show the effective date of permanent Federal recognition in the rank of 1LT as 24 April 2003.  Accordingly, her record should be corrected to show she received an extension of temporary Federal recognition, and Special Orders Number 143 AR, issued by NGB on 14 June 2004, should be amended to show she was extended Federal recognition in the rank of 1LT effective 24 April 2003.

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 she was granted an extension for temporary Federal recognition; and








	b.  amending Special Orders Number 143 AR, issued by NGB on 14 June 2004, to show she was extended Federal recognition in the rank of 1LT for the purpose of initial appointment, effective 24 February 2003.



      _______ _   _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)                                         AR20140001674



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ABCMR Record of Proceedings (cont)                                         AR20140001674



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