IN THE CASE OF: BOARD DATE: 7 February 2023 DOCKET NUMBER: AR20220003401 APPLICANT REQUESTS: correction of her date of commission to reflect 7 August 2019. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the U.S.), 20 November 2018 * Certificate, 6 August 2019 * DD Form 214 (Certificate of Release or Discharge from Active Duty), 6 August 2019 * Memorandum – Subject: Appointment as a Reserve Commissioned Officer of the Army Under Title 10 U.S. Code, Section 591 and Section 593, 7 August 2019 * DA Form 71 (Oath of Office – Military Personnel), 7 August 2019 * DA Form 71, 23 January 2020 * National Guard Bureau (NGB) Form 337 (Oaths of Office), 23 January 2020 FACTS: 1. The applicant states in pertinent part that she graduated Officer Candidate School (OCS) on 6 August 2019 and completed her Oath of Office as a second lieutenant (2LT) on 7 August 2019. However, her Federal Recognition of her initial appointment within the Army National Guard (ARNG) was not extended until 23 January 2020. She contests that her delay in receiving Federal Recognition is the result of administrative delays and/or processing errors despite meeting all of the requirements when she graduated from OCS on 6 August 2019. She previously appealed to her branch and unit of assignment; she started attending Battle Assembly (BA) in November 2019. She completed an Oath of Office in June because she was initially scheduled to graduate OCS in June 2019, but due to her having a heat stroke, her graduation was delayed until August 2019; she signed another Oath of Office. Finally, she completed a 3rd Oath of Office in January 2020 because she was advised that she needed to do one for the State despite her previously receiving Federal Recognition. 2. A review of the applicant's available service records reflects the following: a. On 20 November 2018, the applicant enlisted in the ARNG for 8 years. On 6 August 2019, the applicant completed OCS. On 7 August 2019, the applicant was appointed as an officer in the Army at the rank of 2LT. b. On 28 January 2020, the TXARNG issued Orders Number 028-058 discharging the applicant from the TXARNG and as a Reserve of the Army to accept appointment as a commissioned officer, effective 22 January 2020. The applicant's rank at that time reflects specialist. c. On 29 July 2020, the NGB issued Special Orders Number 222 announcing Federal Recognition of the applicant's initial appointment in the TXARNG, effective On with a Date of Rank (DOR) of 23 January 2020. d. On 22 June 2022, the NGB issued Special Orders Number IP-12705 announcing Federal Recognition of the applicant's promotion to first lieutenant (1LT), effective 4 August 2021. 3. The applicant provides the following a: a. DD Form 214 reflective of the applicant's service on active duty from 22 January – 6 August 2019. b. Memorandum – Subject: Appointment as a Reserve Commissioned Officer of the Army Under Title 10 USC, Section 591 and Section 593 dated 7 August 2019, reflective of the Secretary of the Army directing that the applicant be appointed as a Reserve Commissioned Officer of the Army, effective 7 August 2019. c. DA Form 71 dated 23 January 2020, reflective of the applicant being appointed a Reserve commission at the rank of 2LT and NGB Form 337 dated 23 January 2020, reflective of the applicant being granted temporary Federal Recognition by the State of TX at the rank of 2LT. 4. On 18 January 2023, the NGB, Chief, Special Actions Branch, provided an advisory opinion recommending approval of the applicant's request. a. The applicant states that her date of commissioning is incorrect on her records because she graduated Federal Officer Candidate School (FOCS) on 6 August 2019 and signed her DA Form 71 on 7 August 2019. The applicant claims that due to administrative delays and processing errors, her Federal Recognition packet was not reviewed by a Federal Recognition Board prior to her graduation from FOCS and resulted in a delay of Federal Recognition. She had to sign another Oath of Office in Texas dated 23 January 2020, which is her current date of commissioning. She is requesting her date of commissioning as a Second Lieutenant be changed from 23 January 2020 to 7 August 2019. b. The applicant’s records show that she graduated from Officer Candidate School on 6 August 2019 at Fort Benning, GA and signed her DA Form 71 Oath of Office on 7 August 2019 commissioning her as a Second Lieutenant. The applicant also has her Memorandum of Appointment dated 7 August 2019 appointing her as a Reserve Component Officer of the Army under Title 10 U.S. Code, Section 591 and 593. In December 2019, she submitted an appeal of her initial appointment branch and unit of assignment. Both were appealed, and she switched from Field Artillery to Military Intelligence and was assigned to a unit in San Antonio, TX. On 23 January 2020, the applicant claims that her state made her sign another DA Form 71 Oath of Office, as well as NGB Form 337. After signing these documents, she received Federal Recognition orders on 29 July 2020 appointing her as a Second Lieutenant effective 23 January 2020. c. According to NGR 600-100, Paragraph 2, effective date of Federal Recognition for original appointment is that date on which the commissioned officer executes the oath of office and is federally recognized. Based on the applicant’s claims and the documents she provided in support of her request, the applicant’s commissioning date should be changed to 7 August 2019 when she signed her DA Form 71 Oath of Office following her Officer Candidate School graduation in Fort Benning, GA. d. For these reasons, it is the recommendation of this office that the applicant’s request be approved. Based on the applicant’s records, she signed her DA Form 71 Oath of Office on 7 August 2019 and did not have a break in service or any other circumstances that would change her date of commissioning. To correct her records, it is recommended that the applicant’s date of commissioning as a 2LT be changed from 23 January 2020 to 7 August 2019, which would effectively change her promotion date to 1LT. Both dates should be corrected, and the applicant should receive new federal orders to show her new date of commissioning as a 2LT and promotion date to 1LT. The Army National Guard Officer Policy Branch concurs with this recommendation. The Texas Army National Guard concurs with this recommendation. 5. On 24 January 2023, the applicant was provided a copy of the advisory opinion and afforded 10 days to provide comments. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant's contentions, the military record, and regulatory guidance were carefully considered. The Board reviewed and agreed with the NGB advisory opinion that in accordance with NGR 600-100, the effective date of Federal Recognition for original appointment is that date on which the commissioned officer executes the oath of office and is Federally recognized. The Board found sufficient evidence to correct her records by amending the date of commissioning as a 2LT from 23 January 2020 to 7 August 2019, which would also change her promotion date to 1LT. The applicant should receive new federal orders to show her new date of commissioning as a 2LT and promotion date to 1LT. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :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 and Army National Guard records of the individual concerned be corrected by: * amending Federal Recognition Special Orders Number 222, dated 29 July 2020, to show he was extended Federal Recognition in the grade of 2LT effective 7 August 2019 * amending Federal Recognition Special Orders Number IP-12705 for the applicant's promotion to first lieutenant (1LT), to be effective 7 February 2021 * paying to the applicant all back pay and allowances due as a result of these corrections 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. REFERENCE: National Guard Regulation 600-100 (Commissioned Officers Federal Recognition and Related Personnel Actions), Paragraph 2-2 (Policy) provides that the effective date of Federal Recognition for original appointment is that date on which the commissioned officer executes the oath of office and is Federally recognized. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220003401 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1