PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           15 March 2001                   
	DOCKET NUMBER:   AR2000047981

	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 Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Thomas E. O’Shaughnessy, Jr.		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that the date of his Federal recognition be changed to 8 March 2000 and that he be promoted to captain with a date of rank and effective date, with pay and benefits, retroactive to 8 March 2000.

3.  The applicant states that the Adjutant General for the State of Texas vacated the findings of the 9 January 2000 Federal Recognition Board (FRB) because of substantive error in its composition and ordered a new FRB be convened.  Because of the error he was not given Federal recognition until 18 August 2000.  If the first FRB had been properly conducted and composed, he would have  been in the system much sooner than 20 June 2000, the date his “re-do” board was held and the date his promotion orders were effective.  There are 60 days between 20 June and 18 August 2000.  If he had gone in the system on              9 January 2000, his date of rank would have been 8 March 2000.

4.  The applicant’s military records are not available.  Information contained herein was obtained from alternate sources.

5.  National Guard Regulation 600-100 prescribes policies and procedures governing the appointment, assignment, temporary Federal recognition, Federal recognition, reassignment, transfers between States, branch transfers, area of concentration designation, utilization, branch detail, attachment, and separation of commissioned officers of the Army National Guard (ARNG).  Chapter 8 states that the promotion of officers in the ARNG is a function of the State.  A commissioned officer promoted by State authorities has a State status in the higher grade under which to function.  However, to be extended Federal recognition in the higher grade, the officer must have satisfied the requirements prescribed in this chapter.  Paragraph 8-6 states that wearing of insignia of the higher grade is not authorized until Federal recognition has been extended by the Chief, National Guard Bureau (NGB).  Paragraph 8-11 states that an FRB will review the records of commissioned officers recommended for promotion.

6.  In the processing of this case, an advisory opinion was obtained from the NGB.  The NGB recommended that the applicant’s request be granted.  It noted that the Adjutant General of Texas did not have the authority to vacate the          9 January 2000 FRB results.

7.  A copy of the advisory opinion was provided to the applicant.  He concurred with the advisory opinion.

CONCLUSIONS:

1.  The Board concludes that a Government error occurred in this case, resulting in an injustice to the applicant.

2.  In view of the foregoing and in accordance with the advisory opinion, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the applicant was promoted to captain with a date of rank and effective date of 9 January 2000 and that he was granted Federal recognition on 8 March 2000.

2.  That the applicant be paid all due pay and allowances retroactive to 8 March 2000 as a result of the above correction.

BOARD VOTE:  

__emw___  __rtd___  __teo___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Ernest M. Willcher
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000047981	
SUFFIX		
RECON		
DATE BOARDED	20010315	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	125.02	
2.		
3.		
4.		
5.		
6.