RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  19 February 2004
	DOCKET NUMBER:  AR2003090524

	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	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Robert Duecaster		Member	
	Mr. Melvin H. Meyer		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 initial appointment Federal Recognition order be corrected to show the effective date of 9 August 2001.

2.  The applicant states that his qualifications for Federal Recognition were approved by a board on 6 July 2000 and he was appointed to warrant officer one (WO1) on 9 August 2001, upon graduation from WO Candidate School (WOCS).  He had been serving as an honorable member of the New York Army National Guard (NYARNG) since that date.

3.  The applicant provides copies of his appointment package, his Federal Recognition Board results, his appointment order dated 9 August 2001, his second Federal Recognition Board results, his appointment order dated 27 March 2003, and a letter of support from his commander and the NYARNG military personnel director.

CONSIDERATION OF EVIDENCE: 

1.  The applicant's military records show he served in an enlisted status in the NYARNG from 18 December 1993 through 8 January 1996.  He enlisted in the Regular Army (RA), as a specialist, pay grade E-4, effective 9 January 1996.  He was separated from the RA effective 8 January 1999.

2.  On 6 July 2000, a Federal Recognition Examining Board determined the applicant was qualified for appointment as a WO to be effective upon completion of the WOCS.

3.  The applicant completed the WOCS effective 9 August 2001 and was appointed in the NYARNG as a WO1 the same day.  He executed an Oath of Office and was granted temporary Federal Recognition.  

4.  There is no evidence that the applicant was awarded permanent Federal Recognition effective 9 August 2001 by the National Guard Bureau based on the results of the NYARNG Federal Recognition Board.

5.  On 1 December 2002, a NYARNG Federal Recognition Board convened and determined the applicant was qualified for appointment to WO1.  The findings also stated that a Federal Recognition Board held on 6 July 2000, previously approved the applicant for appointment; however, due to administrative oversight, no Federal Recognition order was submitted after graduation of 

WOCS.  The applicant completed WOCS on 9 August 2001, therefore, it was requested that an exception to policy be granted to grant Federal Recognition retroactive to 9 August 2001.

6.  NYARNG Orders Number 95 AR, dated 11 April 2003, awarded the applicant permanent Federal Recognition for initial appointment to the grade of WO1 effective 27 March 2003.

7.  National Guard Regulation 600-101 (Warrant Officers-Federal Recognition and Related Personnel Actions) provides procedures for processing all applications for Federal Recognition.  Paragraph 2-2 states that the appointment of warrant officers is a function of the state concerned.  These appointments may be Federally Recognized by the Chief, National Guard Bureau (NGB) under such regulations as the Secretary of the Army may prescribe and under the provisions of this regulation.  Officers who are Federally Recognized in a particular grade and branch shall be tendered an appointment in the same grade as Reserve warrant officers of the Army with assignment to the ARNG of the United States if they have not already accepted such appointment.  

8.  National Guard Regulation 600-101, paragraph 2-4b states that the effective date of Federal Recognition for original appointment is that date on which the warrant officer executes the oath of office in the State.  Paragraph 2-3 states that temporary Federal Recognition upon initial appointment establishes the authorized grade to be used by all officers in their Federally Recognized status.  

9.  National Guard Regulation 600-101 paragraph 2-3 states that temporary Federal Recognition may be extended to a warrant officer who has been appointed in the ARNG of a State and found to be qualified by an Federal Recognition Board pending final determination of eligibility and appointment as a warrant 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 Federal Recognition Board should be convened to consider the request again and grant another new period of temporary Federal Recognition if warranted.

10.  Paragraph 2-3a of the regulation also states that temporary Federal Recognition may be granted by a Federal Recognition Board to those eligible when the board finds that the member has successfully passed the examination prescribed herein, 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 Federal Recognition Board 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 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.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to correction to his initial Federal Recognition order.

2.  The applicant was granted temporary Federal Recognition effective 9 August 2001 upon his initial appointment in the NYARNG as a WO1.  At that time, his Federal Recognition packet and allied documents should have been forwarded to the Adjutant General of the State of New York for endorsement to the National Guard Bureau for extension of permanent Federal Recognition.  Through no fault of the applicant, this action was not taken.

3.  Subsequently, the applicant's Federal Recognition packet was considered by another NYARNG Federal Recognition Board.  Based on the recommendations of the NYARNG Federal Recognition Board, the National Guard Bureau issued orders awarding the applicant permanent Federal Recognition effective 27 March 2003.

4.  It is concluded that an administrative error denied the applicant Federal Recognition effective 9 August 2001.  Based on applicable law and regulation the applicant is entitled to have Federal Recognition Order Number 95 AR amended to show the effective date of permanent Federal Recognition in the grade of WO1 as 9 August 2001.  

BOARD VOTE:

__rw___  __rd______  ___mm_____  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 the State Army National Guard records and the Department of the Army records of the individual concerned be corrected by amending Federal Recognition Order Number 95 AR to show that he was extended Federal Recognition effective 9 August 2001.

		___Robert J. Wagner___
		        CHAIRPERSON

INDEX

CASE ID	AR2003090524	
SUFFIX		
RECON		
DATE BOARDED	20040219	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	125.00	
2.	125.02	
3.		
4.		
5.		
6.