RECORD OF PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            8 January 2004                  
	DOCKET NUMBER:    AR2003089129

	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	
	Mr. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Ms. Kathleen A. Newman		Chairperson	
	Mr. John T. Meixell		Member	
	Ms. Linda M. Barker		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests, in effect, that his date of rank be changed to his original accession date of 23 May 2001.  

2.  The applicant states, in effect, that the State failed to submit his packet to the National Guard Bureau (NGB) for permanent Federal Recognition (Fed Rec) when he originally took the oath of office with the Kansas Army National Guard (KSARNG) on 25 May 2001.  He claims that the State noted that this was an administrative error on their part and tried twice to correct the error by sending his packet forward in January 2003.  However, since the six month window for Fed Rec had expired, NGB officials indicated that he would have to be boarded again and a new packet submitted.  He states that he completed the UH-60 school on 31 October 2002 and is eligible for promotion in May 2003.  

3.  In support of his application, the applicant provides a copy of the original appointment packet with NGB Forms 337 and 89, an Academic Evaluation Report (DA Form 1059) that confirms he completed the UH-60 course, and the NGB correspondence disapproving his original packet.  

CONSIDERATION OF EVIDENCE: 

1.  On 10 September 2000, the applicant applied for Fed Rec (NGB Form 62-E) in the KSARNG.  He appeared before a Fed Rec Board (FRB) on 14 September 2000 to determine his qualifications for Fed Rec as a warrant officer one (WO1) in the KSARNG.  

2.  The applicant took the oath of office (NGB Form 337) as an ARNG WO1 on 25 May 2001.  KSARNG Orders 090-008,dated 23 May 2001, appointed him a WO1 in the KSARNG and assigned him to Company A, 1st Battalion, 
108th Aviation, Topeka, Kansas, as a UH-60 Pilot, military occupational specialty (MOS) 153D), effective 25 May 2001.  The addition instructions contained on these orders indicated that the action directed was subject to Fed Rec and that temporary Fed Rec was being extended.

3.  On 31 January 2003, the KSARNG submitted a request that permanent 
Fed Rec be extended to the applicant on his original date of rank of 25 May 2001.  This request indicated that due to administrative error, his packet had not been forwarded to the NGB for Fed Rec.  

4.  On 10 February 2003, NGB officials responded to the request for appointment on the applicant submitted by the KSARNG.  NGB officials indicated that the request was being returned without action.  It further indicated that although the applicant’s failure to receive Fed Rec at the time of his appointment was through no fault of his own, the effective date of appointment must be the date Fed Rec is extended.  It further indicated that the applicant must be reconsidered by a FRB and apply to the Army Board of Correction of Military Records (ABCMR) to receive credit for the time he already served as a WO1. 

5.  In February 2003, the applicant reapplied for Fed Rec (NGB Form 62-E) in 
the KSARNG and the packet was properly processed to the NGB.  NGB Special Orders Number 58 AR, dated 7 March 2003, announced the applicant’s Fed Rec in the ARNG for initial appointment, effective 6 March 2003. 

6.  National Guard Regulation (NGR) 600-100 states, in effect, that Fed Rec may be extended to an officer who has been appointed in the ARNG of a State and found to be qualified by a FRB pending final determination of eligibility and appointment.  If not sooner withdrawn or replaced by permanent Fed Rec, temporary Fed Rec will automatically terminate six months after the effective date of State appointment.  However, should the initial period of temporary 
Fed Rec 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 period of temporary Fed Rec if warranted.  

7.  NGR 600-100 further states, in effect, that temporary Fed Rec may be granted by a FRB to those eligible when the board finds that the member successfully passed the examination prescribed, 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 FRB will forward the NGB Form 89 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 qualifications and requirements for Fed Rec, the Chief, NGB extends permanent Fed Rec to the member in the grade and branch in which the member is qualified.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that the applicant was originally granted temporary Fed Rec on 25 May 2001 upon his original appointment in the KSARNG.  At that time, his NGB Form 89 and allied documents should have been forwarded to The Adjutant General for endorsement to the NGB.  For an unknown reason and through no fault of the applicant, this action was not taken.  

2.  The applicant’s FR packet was reconsidered and properly processed, which resulted in the NGB issuing orders announcing extension of Fed Rec to the applicant, effective 6 March 2003.  

3.  NGR 600-100 states that the effective date of Fed Rec for original appointment is that date on which the member executes the oath of office in the State.  The applicant executed his oath of office in the State of Kansas on 
25 May 2001.  

BOARD VOTE:

_KAN___  __LB___  __JM_____  GRANT 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 issuing orders showing that he was extended Federal Recognition, effective 
25 May 2001, and by establishing this date as his date of rank to Warrant Officer One.  

		Kathleen A. Newman
		   CHAIRPERSON

INDEX

CASE ID	AR2003089129	
SUFFIX		
RECON		
DATE BOARDED	2004/01/08	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  21	102.0700	
2.		
3.		
4.		
5.		
6.