RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 January 2005
      DOCKET NUMBER:  AR2004104906


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Eric S. Moore                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Ms. Delia R. Trimble              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his National Guard Service from
           1 October 2001 through 30 September 2003 be creditable service
in the Army National Guard of the United States and as a Reservist of the
Army.

2.  The applicant states he was initially appointed as a warrant officer
one on      1 October 2001 in the Connecticut Army National Guard (CTARNG)
and that he never received permanent Federal Recognition as a warrant
officer one.

3.  The applicant provides a copy of the current National Guard Bureau
(NGB) Form 89 (Proceedings of a Federal Recognition Board); the initial NGB
89; an Oath of Office, dated 9 October 2003; an Oath of Office, dated 1
October 2001; and National Guard Bureau Federal Recognition Orders Number
258 AR, dated 9 October 2003.

CONSIDERATION OF EVIDENCE:

1.  On 18 September 2001, a Federal Recognition Board was held by the
CTARNG to determine if the applicant was qualified to be awarded Federal
Recognition as a warrant officer one.  The proceedings indicated that the
applicant was satisfactory in his physical qualifications, moral character
and general qualifications.

2.  The Federal Recognition Board determined that the applicant was
eligible for appointment as a warrant officer in the Army National Guard
and selected him for entry into warrant officer candidate school.

3.  The Federal Recognition Board proceedings show that the applicant was
to be awarded permanent Federal Recognition upon successful completion of
Warrant Officer Basic Course in Network Management.

4.  The applicant accepted an appointment as a warrant officer one in the
CTARNG on 1 October 2001.

5.  On 1 October 2001, the applicant executed an Oath of Office as a
warrant officer one in the CTARNG and was granted temporary Federal
Recognition.

6.  The applicant's records show that he completed Warrant Officer Basic
Course in Network Management, [military occupational specialty (MOS) 250N],
on            30 October 2002.

7.  There is no evidence that the applicant received permanent Federal
Recognition for initial appointment as a warrant officer one from the
National Guard Bureau within the six-month period required by National
Guard/Army regulations.  As a result, his temporary Federal Recognition
expired.

8.  National Guard Federal Recognition Orders Number 345 AR, dated
    19 December 2002, awarded the applicant permanent Federal Recognition
in MOS 250N, effective 30 October 2002.  These orders also show the
applicant's rank as warrant officer one.

9.  Records show that the applicant performed duties as a warrant officer
one in a valid National Guard position throughout the period 1 October 2001
through   30 September 2003.

10.  On 22 September 2003, a Federal Recognition Board was held by the
CTARNG to determine if the applicant was qualified to be awarded Federal
Recognition as a chief warrant officer two.  The proceedings indicated that
the applicant was satisfactory in his physical qualifications, moral
character and general qualifications.

11.  Military Department Office of the Adjutant General, Connecticut,
Orders   189-032, dated 23 September 2003, promoted the applicant to chief
warrant officer two effective 1 October 2003.

12.  On 1 October 2003, the applicant executed an Oath of Office as a chief
warrant officer two in the CTARNG and was granted temporary Federal
Recognition.  His Federal Recognition packet was forwarded to the National
Guard Bureau.

13.  National Guard Federal Recognition Orders Number 259 AR, were
published by the National Guard Bureau on 9 October 2003, showing that the
applicant was promoted to chief warrant officer two effective 1 October
2003.

14.  On 28 June 2004, the staff of the Army Board for Correction of
Military Records requested that the National Guard Bureau review the
applicant's request and provide a comprehensive advisory opinion.

15.  On 30 July 2004, the National Guard provided a one-page written
advisory opinion that was forwarded to the applicant on 2 August 2004 for
acknowledgement and/or rebuttal comments.

16.  On 5 August 2004, the applicant concurred with the advisory opinion
and did not provide written comments.

17.  The National Guard Bureau opinion essentially stated that the
applicant's records should be corrected by restoration of his initial
appointment as a warrant officer one effective 1 October 2001, and by
awarding him permanent Federal Recognition for his initial appointment
effective 1 October 2001.

18.  The opinion further stated that the applicant was never Federally
Recognized as a warrant officer one through no fault of his own.

19.  National Guard Regulation 600-100 (Commissioned Officers-Federal
Recognition and Related Personnel Actions), paragraph 10-15b states that
temporary Federal Recognition may be granted by an Federal Recognition
Board to those eligible when the board finds that the member has
successfully passed the examination prescribed herein, has subscribed to
the oath of office, and has been appointed by a State order for assignment
to a position vacancy in a federally recognized unit of the ARNG.  The
Federal Recognition Board will forward the NGB Form 89 and allied documents
to The Adjutant General.  When the member is favorably recommended, The
Adjutant General will endorse the packet to the NGB.  If the member meets
the qualifications and requirements for Federal Recognition, the Chief, NGB
extends permanent Federal Recognition to the member in the grade and branch
in which the member is qualified.

20.  National Guard Regulation 600-101 (Warrant Officers-Federal
Recognition and Related Personnel Actions) provides procedures for
processing all applications for Federal Recognition.  Paragraph 2-2 states
that the appointment of warrant officers is a function of the state
concerned.  These appointments may be federally recognized by the Chief,
NGB under such regulations as the Secretary of the Army may prescribe and
under the provisions of this regulation.  Officers who are federally
recognized in a particular grade and branch shall be tendered an
appointment in the same grade as Reserve warrant officers of the Army with
assignment to the Army National Guard of the United States if they have not
already accepted such appointment.

21.  Paragraph 2-4b of National Guard Regulation 600-101, states that the
effective date of Federal Recognition for original appointment is that date
on which the warrant officer executes the oath of office in the State.
Paragraph 2-3 states that temporary Federal Recognition upon initial
appointment establishes the authorized grade to be used by all officers in
their federally recognized status.

22.  Paragraph 2-3 of NGR 600-101 states that temporary Federal Recognition
may be extended to a warrant officer who has been appointed in the ARNG of
a State and found to be qualified by a Federal Recognition Board pending
final determination of eligibility and appointment as a warrant officer of
the Army.  If not sooner withdrawn or replaced by the granting of permanent
Federal Recognition, temporary Federal Recognition will automatically
terminate six months after the effective date of State appointment.
However, should the initial period of temporary Federal Recognition expire
due to administrative processing delays, through no fault of the member, a
subsequent Federal Recognition Board should be convened to consider the
request again and grant another new period of temporary Federal Recognition
if warranted.

23.  Paragraph 2-3a of National Guard Regulation 600-101 states that
temporary Federal Recognition may be granted by a Federal Recognition Board
to those eligible when the board finds that the member has successfully
passed the examination prescribed herein, has subscribed to the oath of
office, and has been appointed by a State order for assignment to a
position vacancy in a Federally recognized unit of the Army National Guard.
 The Federal Recognition Board will forward the NGB Form 89 and allied
documents to The Adjutant General.  When the member is favorably
recommended, The Adjutant General will endorse the packet to the NGB.  If
the member meets the qualifications and requirements for Federal
Recognition, the Chief, NGB extends permanent Federal Recognition to the
member in the grade and branch in which the member is qualified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his National Guard Service from 1 October
2001 through 30 September 2003 should be creditable service in the Army
National Guard of the United States and as a Resere of the Army.

2.  Records show that the applicant was granted temporary Federal
Recognition effective 1 October 2001, upon his initial appointment in the
CTARNG as a warrant officer one.  At that time, his Federal Recognition
packet and allied documents should have been forwarded to the Adjutant
General of the State of Connecticut for endorsement to the National Guard
Bureau for extension of permanent Federal Recognition.  Through no fault of
the applicant, this action was not taken.



3.  Although the applicant was not awarded permanent Federal Recognition
for his initial appointment as a warrant officer one, his records show that
on 30 October 2002 he was awarded permanent Federal Recognition in the
grade of warrant officer one for a MOS change.

4.  Records show the applicant performed duties in a valid position, MOS
and grade as a member of the CTARNG during the period 1 October 2001
through     30 September 2003.

5.  Additionally, the applicant was considered and recommended by a
temporary Federal Recognition Board for promotion to chief warrant officer
two and National Guard Bureau awarded him permanent Federal Recognition for
promotion to chief warrant officer two effective 9 October 2003.

6.  The applicant was not awarded permanent Federal Recognition for his
initial appointment as a warrant officer one and he clearly performed the
required duties as a warrant officer one during the period 1 October 2001
through 30 September 2003.

7.  Therefore, he is entitled to have his records corrected to show his
service as a member of the CTARNG as a warrant officer one for the period
1 October 2001 through 30  September 2003 was Federally recognized.

BOARD VOTE:

___bpi __  ___lcb __  ___drt___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for relief.

2.  That, insofar as the records of the Connecticut Army National Guard are
concerned, this Board recommends that the records of the individual
concerned be corrected by showing that his National Guard service as a
warrant officer one for the period 1 October 2001 through 30  September
2003 be Federally recognized.

3.  That all Department of the Army records of the individual concerned be
corrected by showing that his Army National Guard service from 1 October
2001 through 30 September 2003 as a warrant officer one is creditable
service in the Army National Guard of the United States and the Reserve of
the Army.




                                  ____  Bernard P. Ingold_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004104906                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/01/19                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |125.0200                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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