IN THE CASE OF:	  

		BOARD DATE:	 19 June 2014 

		DOCKET NUMBER:  AR20130015517 


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 that his Federal Recognition be changed from           18 January 2013 to 13 November 2008.

2.  The applicant states, in effect, that he was recommended for Federal Recognition by a Federal Recognition Examining Board on 13 November 2008; however, the unit administrator failed to forward the packet to the National Guard Bureau (NGB) and it was not until recently that he discovered the error.

3.  The applicant provides a list of enclosures on page five of his application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant took his original oath of office as a Judge Advocate General (JAG) first lieutenant in the California Army National Guard (CAARNG) on 5 June 2003.  He was promoted to the rank of captain (CPT) on 16 March 2006 and served until he was honorably discharged from the CAARNG on 1 February 2008.

2.  On 13 November 2008, he was appointed as a JAG CPT in the CAARNG and a Federal Recognition Examining Board recommended him for Federal Recognition effective 13 November 2008.

3.  On 4 January 2009, the applicant was granted temporary Federal Recognition in the CAARNG.

4.  For reasons not explained in the available records, the applicant continued to serve in the CAARNG and was not granted permanent Federal Recognition until 18 January 2013.  

5.  National Guard Regulation (NGR) 600-100, paragraph 2-2 provides that the effective date of federal recognition for original appointment is the date on which the commissioned officer executes the Oaths of Office in the State.

DISCUSSION AND CONCLUSIONS:

1.  The applicant took his original oath of office as a CPT on 13 November 2008 and for reasons that are not explained in the available records, his application for permanent Federal Recognition was not forwarded to the appropriate authorities in a timely manner.  

2.  As a result, the applicant’s permanent Federal Recognition was unduly delayed through no fault of the applicant until 18 January 2013.  Consequently, the applicant’s permanent Federal recognition was unnecessarily delayed for almost 5 years.    

3.  However, had the application for permanent Federal Recognition been properly and timely processed, the applicant’s permanent Federal Recognition would have been 13 November 2008 with an adjusted date of rank (DOR) as a CPT. 

4.  Accordingly, it would be in the interest of justice at this time to correct the applicant’s records by showing that he was granted Permanent Federal Recognition in the rank of CPT on 13 November 2008.   

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 Department of the Army records of the individual concerned be corrected by showing that he was granted Permanent Federal Recognition in the rank of CPT on 13 November 2008.   



      _______ _   _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)                                         AR20130015517



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ABCMR Record of Proceedings (cont)                                         AR20130015517



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