BOARD DATE: 17 April 2014
DOCKET NUMBER: AR20140002804
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 his records be corrected to show he received Federal recognition for an initial appointment as a second lieutenant in the Puerto Rico Army National Guard National (PRARNG) on 10 September 2011.
2. The applicant states:
* he never received an initial Federal recognition order
* there was an error in the system as stated by the National Guard Bureau (NGB)
* his state appointment orders are dated 5 October 2011, but effective
10 September 2011
* he finished Officer Candidate School (OCS) on 6 August 2011 and he completed the Officer Basic Course on 12 October 2012
* he possesses a bachelors degree in science
* he is requesting Federal recognition be granted to complete his promotion to first lieutenant
* this situation is affecting his military career
3. The applicant provides:
* state appointment orders
* DA Form 1059 (Service School Academic Evaluation Report)
* Diploma
* OCS diploma
* College transcript
* Birth certificate
* Service medical records
* Federal Recognition Board documentation
* Oaths of Office
CONSIDERATION OF EVIDENCE:
1. Having prior enlisted service in the ARNG, a Federal recognition board determined the applicant was qualified for Federal recognition in the rank of second lieutenant on 8 September 2011.
2. On 10 September 2011, he executed an Oath of Office as a Reserve commissioned officer in the rank of second lieutenant.
3. On 10 September 2011, he executed an Oaths of Office in the PRARNG and was granted temporary Federal recognition in the rank of second lieutenant.
4. PRARNG orders, dated 5 October 2011, show he was appointed in the ARNG as a second lieutenant effective 10 September 2011.
5. There is no evidence which shows the applicant received initial Federal recognition as a second lieutenant from the NGB.
6. He completed the Chemical, Biological, Radiological and Nuclear Basic Officer Leader Course (BOLC) on 12 October 2012.
7. National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions) 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.
8. NGB-ARH Policy Memorandum Number 08-035, Subject: Reduction in Time in Grade (TIG) Requirements for Promotion of Reserve Component Officers to First Lieutenant, dated 25 November 2008, authorizes all National Guard officers in the rank of second lieutenant on the Reserve Active-Status List to be promoted with a minimum of 18 months TIG. Second lieutenants may be promoted at 18 months TIG provided they have completed BOLC and are otherwise qualified. The effective date of promotion will not proceed 19 August 2008.
DISCUSSION AND CONCLUSIONS:
It appears the applicant's initial Federal recognition was never processed as a result of administrative errors by the PRARNG and that the associated errors have delayed his promotion to first lieutenant as a result. Therefore, it would be equitable to correct his military records to show he was granted initial Federal recognition effective 10 September 2011 upon his initial appointment in the PRARNG as a second lieutenant.
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 the State Army National Guard records and the Department of the Army records of the
individual concerned be corrected by granting Federal recognition effective
10 September 2011 upon his initial appointment in the PRARNG in the rank of second lieutenant.
_______ _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) AR20140002804
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