IN THE CASE OF: BOARD DATE: 6 March 2014 DOCKET NUMBER: AR20130010585 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 his permanent Federal recognition Special Orders Number 57 AR, dated 22 February 2013, be changed to show his initial appointment effective date as 1 October 2010 instead of 1 July 2012. 2. He states: a. A new tracking system was used between the States and National Guard Bureau (NGB) during the period he was appointed. b. His appointment packet was erroneously deleted from the system due to this new system and the required training. c. His temporary Federal recognition expired; therefore, a new appointment packet had to be forwarded with an updated effective date. d. His original date of appointment into the South Carolina Army National Guard (SCARNG) should read "1 October 2010." 3. He provides: * Special Orders Number 57 AR * NGB 337 (Oaths of Office) * SCARNG Orders 272-853 * NGB 23B (ARNG Current Annual Statement) CONSIDERATION OF EVIDENCE: 1. The applicant is currently serving in the SCARNG in the rank of captain (CPT)/O-3. 2. On 16 July 2010, a Federal recognition board was held by the SCARNG to determine if the applicant was qualified to be awarded Federal recognition. The proceedings indicated he was required to attend the Officer Basic Course within 12 months of his appointment in the ARNG. 3. Orders 272-853 published by the SCARNG on 29 September 2010 appointed the applicant as a first lieutenant (1LT), Judge Advocate General’s Corps, in the SCARNG with an effective date and date of rank of 1 October 2010. 4. On 1 October 2010, the applicant executed the oaths of office as a 1LT in the SCARNG and he was granted temporary Federal recognition. 5. On 1 October 2010, the applicant was appointed as a Reserve officer in the rank of 1LT. 6. On 28 September 2011, the applicant successfully completed the Judge Advocate Officer Basic Course. 7. NGB Special Orders Number 57 AR, dated 22 February 2013, announced the extension of Federal recognition in the ARNG for the purpose of initial appointment in the grade of 1LT effective 1 July 2012. 8. National Guard Regulation (NGR 600-100) (Commissioned Officers-Federal Recognition and Related Personnel Actions), paragraph 10-15b states that temporary Federal recognition may be granted by a FRB to those eligible when the board finds that the member has successfully passed the examination prescribed herein, has subscribed to the oaths 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 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. Records show that the applicant was granted temporary Federal recognition effective 1 October 2010 upon his initial appointment in the SCARNG as a 1LT. 2. The evidence of record shows his packet for permanent Federal recognition was not submitted to the NGB in a timely manner. As a result, he was granted Federal recognition for initial appointment on 1 July 2012. 3. As a matter of equity, it would be appropriate to amend Special Orders Number 57 AR to show the effective date of permanent Federal recognition in the grade of 1LT as 1 October 2010 instead of 1 July 2012. 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 amending NGB Special Orders Number 57 AR, dated 22 February 2013, to show that the applicant was extended Federal recognition for initial appointment effective 1 October 2010. _______ _ 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) AR20130010585 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130010585 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1