IN THE CASE OF: BOARD DATE: 19 April 2011 DOCKET NUMBER: AR20100017252 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 adjustment of his date of rank (DOR) to chief warrant officer two (CW2) from 20 November 2009 to 21 September 2009. 2. The applicant states he was originally appointed as a warrant officer on 22 September 2007. He met the 2-year time-in-grade requirement on 21 September 2009. 3. The applicant provides: * National Guard Bureau (NGB) Special Orders Number 107 AR * NGB Form 337 (Oaths of Office) * NGB Special Orders Number 314 AR CONSIDERATION OF EVIDENCE: 1. Having prior enlisted service, the applicant's records show he completed the Warrant Officer Candidate School on 22 September 2007. He was appointed as a warrant officer in the Puerto Rico Army National Guard (PRARNG) and executed the oaths of office on 22 September 2007. He was assigned to the PRARNG Training Site Command, Salinas, PR. 2. On 28 April 2008, NGB published Special Orders Number 107 AR extending him Federal recognition for initial appointment effective 22 September 2007. 3. On 19 June 2008, he completed the Property Accounting Technician Warrant Officer Basic Course (21 April to 19 June 2008) at Fort Lee, VA. 4. On 9 March 2009, the PRARNG published Orders 068-515 awarding the applicant primary military occupational specialty (MOS) 920A (Property Accounting Technician) effective 9 March 2009. 5. On 23 March 2009, NGB published Special Orders Number 65 AR extending him Federal recognition for award of MOS 920A effective 9 March 2009. 6. On 24 December 2009, the PRARNG published Orders 358-502 promoting him to CW2 effective 20 November 2009. 7. On 31 December 2009, NGB published Special Orders Number 314 AR extending him Federal recognition for his promotion to CW2 effective 20 November 2009. 8. On 12 November 2009, he was ordered to active duty in support of Operation Enduring Freedom and Multinational Force and Observers. He subsequently served in Egypt from 10 December 2009 to 5 November 2010. He was honorably released from active duty on 17 November 2010. 9. An advisory opinion was obtained on 8 March 2011 in the processing of this case. An official at NGB recommended disapproval of the applicant's request. He stated that promotion of warrant officers in the ARNG is a function of the State. Absent any evidence that the PRARNG intended to promote the applicant or took steps to promote him prior to 20 November 2009, there is no basis to recommend approval. 10. He was provided with a copy of this advisory opinion, but he did not respond. 11. National Guard Regulation 600-101 (Warrant Officers – Federal Recognition and Related Personnel Actions) prescribes the policies and procedures for the management of officers of the ARNG. It states that promotion of warrant officers in the ARNG is a function of the State. Chapter 7 contains promotion policy and states the minimum requirement for promotion to CW2 is 2 years of time in grade and completion of the warrant officer basic course. DISCUSSION AND CONCLUSIONS: 1. The evidence of record confirms the applicant was initially appointed in the PRARNG and executed the oaths of office on 22 September 2007. He completed the Property Accounting Technician Warrant Officer Basic Course on 19 June 2008. He was eligible for promotion to CW2 on 21 September 2009. 2. However, there is no evidence in the available records and the applicant did not provide any evidence that shows he was recommended for promotion to CW2 on the date of his eligibility. Promotion in the ARNG is a function of the State. The PRARNG issued him promotion orders effective 20 November 2009. 3. Absent evidence that the PRARNG intended to promote him and/or took any steps to do so prior to 20 November 2009, there is insufficient evidence to correct his DOR. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X___ ____X___ ___X____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ____________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) AR20100017252 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100017252 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1