BOARD DATE: 15 January 2015
DOCKET NUMBER: AR20140009783
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 initial Federal Recognition (FEDREC) on 20 May 2011.
2. The applicant states the State of Illinois Army National Guard (ILARNG) order, dated 15 June 2011, was effective on 20 May 2011. However, the FEDREC package was not submitted to the National Guard Bureau (NGB) until 30 August 2011 and the non-publication of FEDREC orders wasn't noticed until December 2013. The original package was resubmitted by the State of Illinois but it was returned by the NGB because it was more than 12 months old.
3. The applicant provides his:
* ILARNG Orders 166-155, appointment orders, dated 15 June 2011
* NGB Form 89 (Proceedings of a Federal Recognition Board) results of 20 May 2011
* Memorandum for Medical Recruiting Battalions, dated 20 May 2011
* NGB Form 62E (Application for FEDREC and Appointment as an Army Reserve Commissioned Officer in the ARNG of the United States), dated 31 January 2011
* ILARNG Orders 166-155 with hand written notes
CONSIDERATION OF EVIDENCE:
1. An 11 May 2011 ILARNG state board extended temporary FEDREC to the applicant, then a medical student, as a second lieutenant in the Medical Service (MS) Corps.
2. The applicant took the Oath of Office on 20 May 2011.
3. Orders 166-155 State of Illinois, dated 15 June 2011, announced the applicant's appointment as a second lieutenant, Army MS Corps with a date of rank and an effective date of 20 May 2011.
4. On 28 November 2013, the ILARNG Adjutant General completed an NGB Form 78 (Recommendation for Promotion to 1LT/CW2) which is used to recommend automatic promotion based on time in grade. This form recommended the applicant be promoted to 1LT with an effective date of 20 May 2013 (based on 2 years time in grade).
5. A 6 March 2014 email from the ILARNG to the NGB noted that the applicant's original FEDREC package had been uploaded on 30 August 2011. Later the absence of permanent FEDREC from the NGB was noted and the packet was again uploaded to the NGB on 3 December 2013. That package was returned by the NGB as outdated and a new oath and appointment order had been requested.
6. The NGB responded in a 12 March 2014 email that the applicant had been scrolled for first lieutenant on L02-13. However, " since the legacy system showed no initial appointment, all documents would have expired after 12 months along with the Temp Fed Rec. Therefore, all new documents must be processed as well as an ABCMR should be requested by the officer for the time lost."
7. The applicant completed the Army Medical Department Officer Basic Course on 17 March 2014.
8. During the processing of this case an advisory opinion was obtained from the NGB recommending approval of the applicant's request. The Deputy for Personnel Policy recommended:
a. the applicant's initial FEDREC date of rank and effective date as a 2LT be established as 20 May 2011 based upon the date he took the Oath of Office;
b. his date of rank and effective date as a 1LT be established as 17 March 2014 based upon the date he completed the Officer Basic Course; and
c. he be afforded back pay and allowances accordingly.
9. The advisory opinion was forwarded to the applicant for concurrence, rebuttal or comment. He pointed out that his promotion to 1LT did not occur as it should have. He also mentioned that he completed medical school on 9 May 2014 and completed the paperwork for appointment as a Medical Corps captain. He adds that thus far he has only been paid as a 2LT.
10. On 12 January 2015, NGB indicated that the applicant had been removed from L02-12 on 28 May 2014 and is current on R01-15. However, R01-15 has not been signed and is still in process at NGB.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his FEDREC date as a 2LT be established as 20 May 2011 and promotion and effective date be based on that date.
2. The available evidence shows that the applicant took the Oath of Office as a 2LT MS officer on 20 May 2011. By regulation, FEDREC for an initial appointment is the date of the oath of office.
3. It appears his promotion to 1LT is still an ongoing action.
4. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant's records as recommended 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 State Army National Guard and Department of the Army records of the individual concerned be corrected by establishing his date of rank and effective date as a 2LT as 20 May 2011 and granting his Federal Recognition as of that date.
_______ _ 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) AR20140009783
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