RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        2 March 2006
      DOCKET NUMBER:  AR20050016302


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Jerome L. Pionk               |     |Member               |
|     |Ms. Peguine M. Taylor             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his date of rank to First Lieutenant (1LT)
be adjusted to 9 September 1999.

2.  The applicant states that, through no fault of his own and due to a
State Headquarters administrative error, his original documentation was not
sent to the National Guard Bureau (NGB) for Federal Recognition processing.

3.  The applicant provides two NGB Forms 89 (Proceedings of a Federal
Recognition Examining Board), dated 8 April 2004 and 13 September 2005; two
NGB Forms 337 (Oaths of Office), dated 14 April 2004 and 13 September 2005;
two DA Forms 71 (Oath of Office – Military Personnel), dated 14 April 2004
and 13 September 2005; State appointment orders; two Federal Recognition
Board (FRB) memorandums; and Federal Recognition orders dated 16 September
2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in Operation Enduring Freedom.

2.  After having had prior enlisted service in the Army National Guard
(ARNG), the applicant was appointed a Second Lieutenant (2LT) in the ARNG
on            10 August 1996.  He was promoted to 1LT effective 15 March
1999 and granted Federal Recognition as a 1LT that date.

3.  Effective 20 October 2003, the applicant was honorably discharged from
the ARNG and as a Reserve of the Army.

4.  The applicant appeared before an FRB on 8 April 2004 to determine his
qualifications for Federal Recognition as a 1LT in the Military
Intelligence branch. The NGB Form 89 dated 8 April 2004 indicated he was
found qualified and eligible for appointment in the Idaho ARNG (IDARNG) as
a Military Intelligence 1LT to be effective 14 April 2004.

5.  The applicant took the oath of office of a National Guard officer on 14
April 2004.

6.  IDARNG Orders 414-039 dated 15 April 2004 noted that the applicant was
appointed in the ARNG in the rank of 1LT and assigned to a vacancy with
Headquarters and Headquarters Company, 145th Support Battalion, Caldwell,
ID.  The orders also noted his date of rank was 9 September 1999.

7.  The applicant appeared before a second FRB on 13 September 2005 to
determine his qualifications for Federal Recognition as a 1LT in the
Military Intelligence branch.  The 13 September 2005 NGB Form 89 indicated
he was found qualified and eligible for appointment in the IDARNG as a
Military Intelligence 1LT to be effective 13 September 2005.

8.  The applicant took the oath of office of a National Guard officer on
            13 September 2005.

9.  IDARNG Orders 459-057 dated 12 September 2005 noted that the applicant
was appointed in the ARNG, effective 13 September 2005, in the rank of 1LT
and assigned to a vacancy with Headquarters and Headquarters Company, 145th
Support Battalion, Caldwell, ID.  The orders also noted his date of rank
was 9 September 1999.

10.  NGB Special Orders Number 267 AR, dated 16 September 2005, granted the
applicant Federal Recognition as a 2LT (sic) effective 13 September 2005
for the purpose of initial appointment.

11.  In the processing of this case, an advisory opinion was obtained from
the Personnel Division, NGB.  After contacting IDARNG, which stated they
could find no 1999 documents in the applicant's packet that show he was
initially appointed in 1999, the Personnel Division recommended the
applicant's Federal Recognition appointment date be adjusted from 13
September 2005 to 14 April 2004.

12.  A copy of the advisory opinion was provided to the applicant for
comment or rebuttal.  He did not respond within the given time frame.

13.  NGR 600-100 (Commissioned Officers – Federal Recognition and Related
Personnel Actions) provides procedures for processing all 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.  Prior service
personnel who are receiving service credit under Title 10, U. S. Code,
"section 3353 must have their Reserve of the Army grade determined in
accordance with Title 10, U. S. Code, section 3359."  (Sections 3353 and
3359 were repealed effective 1 October 1996.)

14.   NGR 600-100, 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 FRB 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 six
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 FRB should be convened to consider the request again and grant
another new period of temporary Federal Recognition if warranted.

15.  NGR 600-100, paragraph 10-15b states the FRB will forward the NGB Form
89 and allied documents to The Adjutant General of the State.  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.

16.  Title 10, U. S. Code, section 12206 (Commissioned officers:
appointment of former commissioned officers) states a former commissioned
officer may, if otherwise qualified, be appointed as a Reserve officer of
the Army.  A person so appointed may be placed on the Reserve active status
list in the grade equivalent to the permanent Regular or Reserve grade in
which the person previously served satisfactorily on active duty or in an
active status and may be credited for the purpose of determining date of
rank with service in grade equal to that held by that person when
discharged or separated.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was initially appointed a commissioned officer in the
ARNG in August 1996 and was promoted to 1LT on 15 March 1999.  He was
honorably discharged from the ARNG and as a Reserve of the Army on 20
October 2003 after having satisfactorily served 4 years, 7 months, and 5
days as a 1LT.

2.  The applicant was reappointed a 1LT in the ARNG on 14 April 2004 and
granted temporary Federal Recognition.  Through administrative error, he
was not granted permanent Federal Recognition, effective 13 September 2005,
until NGB Special Orders Number 267 AR were issued on 16 September 2005.
Those orders erroneously showed he was granted Federal Recognition as a
2LT.

3.  In accordance with the advisory opinion, the effective date of the
applicant's permanent Federal Recognition as a 1LT should be adjusted to 14
April 2004.  However, in accordance with NGR 600-100 and Title 10, U. S.
Code, the applicant's date of rank should be adjusted to 9 September 1999,
the date of his adjusted effective date minus the time he previously
satisfactorily served as a 1LT.

BOARD VOTE:

__wdp___  __jlp___  __pmt___  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 all Department of the Army records of
the individual concerned be corrected by showing he was granted Federal
Recognition as a 1LT effective 14 April 2004 with a date of rank of 9
September 1999.




                                  __William D. Powers___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016302                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060302                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |102.07                                  |
|2.                      |125.02                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]