APPLICANT REQUESTS: In effect, the applicant requests that her date of rank for Chief Warrant Officer Two (CW2) be changed from 26 January 1988 to 26 January 1987.
APPLICANT STATES: In effect, the applicant states that Army Regulation 135-155, paragraph 2-3a and table 2-1.1 prescribes that the minimum promotion service for promotion to CW2 is two years.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant was appointed as a warrant officer (WO1) by the Army National Guard effective 8 January 1985. She was promoted to CW2 effective 26 January 1988. Authority for the promotion was National Guard Regulation 600-101,
Chapter 7.
Chapter 7 of the aforementioned regulation, then in effect, prescribes the policies and requirements for Federal recognition of promotion of warrant officers in the Army National Guard. Paragraph 7-3 states, in pertinent part, that promotion will be accomplished only when an appropriate position vacancy in the grade exists in the unit, and that all warrant officers recommended for promotion must be fully qualified. Paragraph 7-9 of that regulation prescribes the minimum years of promotion service prior to being considered for promotion and Federal recognition in the higher grade. Table 7-1 states that 3 years is the minimum number of years in lower grade for promotion to CW2. (NOTE: A later version of that regulation, effective 15 April 1989, changed the minimum promotion service for CW2 to 2 years).
Army Regulation 135-155, then in effect, prescribes policy and procedures for promotion of warrant officers. Paragraph 2-3a states that promotion service is computed based on years of service performed in the current permanent WO grade. As of 1 October 1986, service performed in the equivalent temporary (AUS) WO grade held at the time of the individuals most recent appointment in the Reserve of the Army will be credited. Table 2-1 prescribes that the service requirement for promotion to CW2 is 3 years in the lower grade. (NOTE: A later version of that regulation added a Table 2-1.1, changing the service requirement for promotion to CW2 from 3 years to 2 years).
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:
1. The minimum promotion service for promotion to CW2 in 1988 was three years. The applicant could not have been promoted earlier than 8 January 1988.
2. In the absence of evidence to the contrary, it is presumed that the applicants promotion to CW2 effective on
26 January 1988 is correct and in accordance with appropriate regulations.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
4. In view of the foregoing, there is no basis for granting the applicants request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
ARMY | BCMR | CY2014 | 20140018126
The applicant requests his effective date of promotion to chief warrant officer two (CW2) in the Army National Guard (ARNG) be adjusted from 11 August 2011 to 4 February 2011. Section 512 of Public Law 112-239, dated 2 January 2013, provides for the automatic Federal recognition and promotion of ARNG WOs from the rank/grade of WO1/W-1 to CW2/W-2 when they are being promoted to fill a vacancy in a federally recognized unit in the ARNG, effective as of the date on which that WO has completed...
ARMY | BCMR | CY2012 | 20120022354
Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), paragraph 2-5d, specifies "Warrant officers serving in a grade below chief warrant officer four (CW4), in an active Reserve status, may be selected for promotion provided they meet the minimum promotion time in grade (TIG) and military education requirements in Table 2-3 (Warrant Officer TIG and Military Education Requirements) not later than the date the selection board convenes." ...
ARMY | BCMR | CY2015 | 20150012608
Personnel Policy Operational Message Number 11-015, dated 14 June 2011, paragraph 2(b), states, in part, "[this policy memorandum] introduces a requirement that all warrant officer appointments and promotions to chief warrant officer grades in the ARNG of the United States be made by the [President of the United States] (POTUS)]" Paragraph 5(a) of the same memorandum, states in part, " effective 7 January 2011, all initial appointments of warrant officers and appointments in a higher grade...
ARMY | BCMR | CY2013 | 20130017800
The applicant states that when his initial appointment packet was accepted and processed by NGB, he was placed on a scroll for newly-appointed lieutenants. Order Number 197 AR, dated 25 May 2012, shows the applicant's promotion effective date as 16 May 2012. d. Even with the delay, his promotion packet could not have been submitted for processing until he completed WOBC. Nevertheless, once he completed WOBC, on 16 December 2011, his promotion packet was processed by the NGB and his Federal...
ARMY | BCMR | CY2012 | 20120019774
Due to unit transfers, paperwork mishandling, and processing times, his promotion did not occur until 23 July 2012 with a DOR of 13 July 2012. b. His packet was approved by the State promotion board on 16 March 2012 and he was granted Federal recognition for CW2 on 23 July 2012 with a DOR of 13 July 2012. The evidence of record confirms the applicant was appointed as a WO1 in the MOARNG on 7 December 2007 and that he met the minimum time-in-grade and education requirements and was fully...
ARMY | BCMR | CY2013 | 20130019347
The applicant requests correction of his date of rank (DOR) to chief warrant officer two (CW2) in the New York Army National Guard (NYARNG) from 29 January 2013 to 20 August 2012. He further contends his DOR should be adjusted in accordance with (lAW) the NGB PPOM Number 13-006, dated 6 February 2013, which states in part, "Implement the 2013 National Defense Authorization Act (NDAA) for WO promotions to CW2 which removed the requirement for a Federal Recognition Board (FRB) for promotion...
ARMY | BCMR | CY2012 | 20120008769
The applicant requests his date of rank (DOR) to Chief Warrant Officer Two (CW2) be changed from 25 April 2012 to 15 August 2011. As a result, effective 7 January 2011, all initial appointments of WOs and promotion to higher grades, by warrant or commission, will be issued by the President. Section 502, Fiscal Year 2011 NDAA, authority for appointment of warrant officers in the grade of W-1 by commission and standardization of warrant officer appointment authority, mandates that all...
ARMY | BCMR | CY2014 | 20140001092
The applicant requests adjustment of his date of rank (DOR) to chief warrant officer two (CW2) from 10 January 2013 to 14 July 2012, based on the completion of 24 months time in grade (TIG) and the required military education requirements. The record shows he completed the Warrant Officer Candidate Course and was initially appointed to warrant officer one (WO1) effective 15 July 2010. The evidence of record shows the applicant was initially appointed to WO1 on 15 July 2010.
ARMY | BCMR | CY2011 | 20110021250
The applicant requests adjustment of his Federal recognition order for promotion to chief warrant officer two (CW2) in the Florida Army National Guard (FLARNG) from 15 February 2012 to an earlier date. The applicant states: * His promotion packet was submitted in May 2011 after discovery of state procedures which were not being disseminated following his initial date of eligibility, 13 January 2011 * His promotion documents were forwarded to his battalion S-1 upon being informed of...
ARMY | BCMR | CY2011 | 20110011992
The applicant requests correction of his date of rank (DOR) to chief warrant officer two (CW2). Section 14308 (f) states the effective date of a promotion of a Reserve officer of the Army who is extended Federal recognition in the next higher grade in the ARNG shall be the date on which such Federal recognition in that grade is so extended. The evidence of record shows the applicant was appointed as a WO in the ARNG on 20 September 2008 and he completed the IER Wing Aviator on 25 August 2010.