IN THE CASE OF:	  

		BOARD DATE:	        30 December 2008

		DOCKET NUMBER:  AR20080014532 


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 promotion date and date of rank from Chief Warrant Officer Three (CW3) to Chief Warrant Officer Four (CW4) be adjusted from 11 July 2008 to 9 June 2008 with all back pay and allowances.

2.  The applicant states he submitted his promotion packet 5 months in advance of his promotion eligibility date of 9 June 2008, but his promotion was not approved until 11 July 2008.

3.  The applicant provides three pages of written explanation, three pages of Officer Promotion Tracker Status, and numerous electronic mail messages.

CONSIDERATION OF EVIDENCE:

1.  The applicant is an Army National Guard (ARNG) warrant officer.  He was promoted to CW4 on 11 July 2008.

2.  The applicant was originally promoted to CW3 on 9 June 2003.  In 2007, he was occupying a CW4 billet.  He submitted a promotion packet in December 2007, and again in March 2008.

3.  In the processing of this case, an advisory opinion was obtained from the Acting Chief, Personnel Division, National Guard Bureau (NGB), Arlington, VA.  The NGB advisory opinion recommends approval.  It cites National Guard Regulation (NGR) 600-101, table 7-1, which states the minimum time in grade for 

promotion to CW4 is 6 years unless the officer is occupying a CW4 position, in which case the minimum time in grade is only 5 years.  The applicant occupied a CW4 position and he also completed the Warrant Officer Staff Course in December 2007, thereby meeting all requirements for promotion to CW4 in 5 years.

4.  The applicant was provided an opportunity to respond to the advisory opinion, but did not do so.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his date of rank and promotion to CW4 be corrected to read 9 June 2008.

2.  The applicant’s promotion date to CW3 was 9 June 2003, therefore he could be promoted to CW4 as early as 9 June 2008 if he qualified.  The NGB stated the applicant qualified for the 5-year time in grade promotion and recommended his date of rank be corrected.

3.  In the interest of justice and equity, the applicant’s date of rank should be corrected to 9 June 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 State Army National Guard records and all Department of the Army records of the individual concerned be corrected by adjusting his date of rank and effective date from CW3 to CW4 from 11 July 2008 to 9 June 2008 and by paying to him all due back pay and allowances.


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      _______ _   _______   ___
       	   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)                                         AR20080014532



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ABCMR Record of Proceedings (cont)                                         AR20080014532



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