IN THE CASE OF:	  

		BOARD DATE:	  5 October 2010

		DOCKET NUMBER:  AR20100018077 


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 her original appointment date to the rank of second lieutenant (2LT) be changed to 8 November 2007.

2.  The applicant states that she was originally appointed to the rank of 2LT on   8 November 2007; however, due to an administrative delay in processing her Federal Recognition, her temporary Federal Recognition expired and she had to be reappointed on 26 June 2009.  She also states that she continued as a drilling member of her unit. 

3.  The applicant provides copies of:

* Her original oath of office
* Her original appointment order
* Her second oath of office 
* Her second appointment order 
* Copies of both National Guard Bureau (NGB) 89s (Proceedings of a Federal Recognition Examining Board)

CONSIDERATION OF EVIDENCE:

1.  On 8 November 2007, the applicant executed an oath of office accepting temporary Federal Recognition as a 2LT in the Indiana Army National Guard (INARNG).

2.  Although not explained in the available records, she again executed an oath of office on 24 June 2009 and, on 16 April 2010, orders were published at NGB announcing that Federal Recognition was approved for the applicant’s appointment to the rank of 2LT effective 24 June 2009.

3.  In the processing of this case a staff advisory opinion was obtained from NGB which recommended that the applicant’s request be approved and that her initial appointment date to 2LT be changed to 8 November 2007, with entitlement to any back pay and allowances that may flow from this change.  The advisory opinion was provided to the applicant for comment and to date no response has been received by the staff of the Board.

4.  National Guard Regulation 600-100 provides, in pertinent part, that the effective date of Federal recognition for original appointment is the date on which the commissioned officer executes the Oath of Office in the State.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant’s official records contain no explanation of why her Federal Recognition was not timely processed based on her original 8 November 2007 Oath of Office, the fact remains that she took her oath of office on 8 November 2007 and it was not until June 2009 that it was determined that her Federal Recognition was not timely processed and had to be resubmitted.

2.  While her Federal Recognition was subsequently approved on 16 April 2010, it was through no fault of the applicant that the request was delayed and the applicant continued to serve honorably, despite a 19-month delay and subsequent forfeiture of 19 months time in grade.

3.  Accordingly, it would be in the interest of justice to adjust her original appointment date to the rank of 2LT back to 8 November 2007 and to promote her to the rank of 1LT on time if she is otherwise eligible, with entitlement to all back pay and allowances.

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 adjusting her original appointment date to the rank of 2LT back to 8 November 2007 and by promoting her to the rank of 1LT on time, if eligible, with entitlement to all back pay and allowances.




      __________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)                                         AR20100018077





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ABCMR Record of Proceedings (cont)                                         AR20100018077



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