RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 March 2008 DOCKET NUMBER: AR20070013276 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. Ms. Catherine C. Mitrano Director Mr. Michael L. Engle Analyst The following members, a quorum, were present: Mr. James B. Gunlicks Chairperson Mr. Donald W. Steenfott Member Mr. Roland S. Venable Member 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 correction of Special Orders Number 95, National Guard Bureau, dated 23 April 2007, to show his initial appointment date as 23 March 2005. 2. The applicant states that his initial appointment packet was not processed within 6 months of his appointment causing his temporary Federal recognition to expire. 3. The applicant provides copies of his appointment packet and orders. CONSIDERATION OF EVIDENCE: 1. On 10 February 2005, the applicant applied for appointment as a commissioned officer in the Army Reserve. 2. On 23 March 2005, a Federal Recognition Board convened. It found the applicant qualified for appointment and recommended that he be granted Federal recognition. 3. On 23 March 2005, the applicant took his oath of office as a first lieutenant in the Michigan Army National Guard and was granted temporary Federal recognition. 4. Orders, State of Michigan, dated 1 April 2005, assigned the applicant for duty as the executive officer, 156 Signal Battalion, Kalamazoo, Michigan, effective 23 March 2005. 5. On 28 March 2007, another Federal Recognition Board convened and again found the applicant qualified for appointment and recommended that he be granted Federal recognition. The applicant completed another oath of office on 28 March 2007. 6. Special Orders Number 95, National Guard Bureau, dated 23 April 2007, extended Federal recognition to the applicant effective 28 March 2007. 7. On 21 August 2007, the Chief, Officer Branch, Michigan National Guard Joint Force Headquarters, Lansing, Michigan, wrote a memorandum for the Commander, National Guard Bureau, Arlington, Virginia. This memorandum explained that due to administrative errors at all levels and through no fault of the applicant, his initial appointment packet that was submitted to the National Guard Bureau for permanent Federal recognition was not processed within 6 months causing his temporary Federal recognition to expire. 8. In the processing of this case, an advisory opinion was obtained from the Chief, Personnel Division, National Guard Bureau, Arlington, Virginia. It recommended that the applicant’s initial appointment date be corrected to read 23 March 2005. 9. On 27 September 2007, a copy of the advisory opinion was sent to the applicant for his information and opportunity to submit rebuttal comments. No reply has been received as of the date of the Board. DISCUSSION AND CONCLUSIONS: 1. The applicant was found qualified for appointment and recommended for Federal recognition on 23 March 2005. However, through no fault of his own, his Federal recognition was not granted within the 6-month processing period. A subsequent Federal Recognition Board again found him qualified for appointment and again recommended him for Federal recognition on 28 March 2007. Federal recognition was granted effective 28 March 2007. 2. Personnel at both the Michigan Army National Guard and the National Guard Bureau concur that that the applicant should have received Federal recognition effective 23 March 2005. 3. In view of the above, the applicant's Michigan Army National Guard Records and the applicant's Department of the Army records should be corrected to show that he was granted Federal recognition effective 23 March 2005. BOARD VOTE: __JBG __ __RSV __ __DWS __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 the Michigan Army National Guard records and the Department of the Army records of the individual concerned be corrected by showing that he received Federal recognition effective 23 March 2005. __ James B. Gunlicks __ CHAIRPERSON INDEX CASE ID AR SUFFIX RECON YYYYMMDD DATE BOARDED YYYYMMDD TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION (NC, GRANT , DENY, GRANT PLUS) REVIEW AUTHORITY ISSUES 1. 2. 3. 4. 5. 6.