RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 August 2005
      DOCKET NUMBER:  AR20050000558


      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             |
|     |Mrs. Victoria A. Donaldson        |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. James B. Gunlicks             |     |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
           8 August 2002 through 7 August 2004, as a warrant officer one,
be creditable service in the Army National Guard of the United States and
the Reserve of the Army.  The applicant also requests that his permanent
Federal Recognition for promotion to the grade of chief warrant officer two
be amended to show the effective date 8 August 2004.

2.  The applicant states he was initially appointed as a warrant officer
one on      8 August 2002 in the Tennessee Army National Guard (TNARNG) and
that he never received permanent Federal Recognition as a warrant officer
one.

3.  The applicant provides a copy TNARNG Orders Number 205-002, dated
24 July 2002; an Oath of Office, dated 8 August 2002; a Warrant Officer
Candidate School Certificate, dated 8 August 2002; a DA Form 1059 (Service
School Academic Evaluation Report), dated 11 July 2003; National Guard
Bureau (NGB) Form 89 (Proceedings of a Federal Recognition Board), dated
22 September 2004; TNARNG Orders Number 266-106, dated 22 September 2004;
TNARNG Orders Number 286-019, dated 12 October 2004; TNARNG Orders Number
286-011, dated 12 October 2004; NGB Form 89, dated 19 January 2005; an Oath
of Office, dated 19 January 2005; TNARNG Orders Number 048-130, dated 17
February 2005; National Guard Bureau Federal Recognition Orders Number 58
AR, dated 18 February 2005; and a copy of a U.S. Army Human Resources
Command (HRC) memorandum, dated 8 April 2005.

CONSIDERATION OF EVIDENCE:

1.  TNARNG Orders Number 205-002, dated 24 July 2002, show that the
applicant was discharged from the Army National Guard and the Reserve of
the Army as a sergeant for appointment as a commissioned officer in the
TNARNG effective 8 August 2002.

2.  The applicant's records show that he successfully completed the Warrant
Officer Candidate School on 8 August 2002.

3.  On 8 August 2002, the applicant executed an Oath of Office as a warrant
officer one in the TNARNG and was granted temporary Federal Recognition.



4.  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.

5.  The applicant's records show that he successfully completed the
Aviation Warrant Officer Basic Course on 11 July 2003.

6.  On 22 September 2004, a Federal Recognition Board was held by the
TNARNG to determine if the applicant was qualified to be awarded Federal
Recognition for promotion to the grade of chief warrant officer two.  The
proceedings indicated that the applicant was satisfactory in his physical
qualifications, moral character, and general qualifications.

7.  The Federal Recognition Board determined that the applicant was
eligible for promotion to chief warrant officer two with an effective date
of promotion of 8 August 2004.

8.  TNARNG Orders Number 266-106, dated 22 September 2004, promoted the
applicant to chief warrant officer two in the TNARNG effective 8 August
2004.

9.  On 19 January 2005, a Federal Recognition Board was held by the TNARNG
to determine if the applicant was qualified to be awarded Federal
Recognition for initial appointment as a warrant officer one.  The
proceedings indicated that the applicant was satisfactory in his physical
qualifications, moral character and general qualifications.

10.  On 19 January 2005, the applicant executed an Oath of Office as a
warrant officer one in the TNARNG.

11.  TNARNG Orders Number 048-130, dated 17 February 2005, show that TNARNG
Promotion Order Number 286-019, dated 12 October 2004, was amended to read
effective date 20 January 2005.

12.  National Guard Federal Recognition Orders Number 58 AR, dated
18 February 2005, awarded the applicant permanent Federal Recognition for
promotion to the grade of chief warrant officer two, effective 20 January
2005.

13.  Records show that the applicant performed duties as a warrant officer
one in a valid National Guard position throughout the period 8 August 2002
through 7 August 2004.

14.  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.

15.  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.

16.  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.

17.  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.

18.  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 8 August
2002 through 7 August 2004, as a warrant officer one, should be creditable
service in the Army National Guard of the United States and the Reserve of
the Army.

2.  Records show that the applicant was granted temporary Federal
Recognition effective 8 August 2002, upon his initial appointment in the
TNARNG 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 Tennessee 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.  Records show the applicant performed duties in a valid position and
grade as a member of the TNARNG during the period 8 August 2002 through
7 August 2004.

4.  Although the applicant was not awarded permanent Federal Recognition
for his initial appointment as a warrant officer one, his records show that
he was considered and recommended by a temporary Federal Recognition Board
for promotion to chief warrant officer two and that the National Guard
Bureau awarded him permanent Federal Recognition for promotion to chief
warrant officer two effective 20 January 2005.

5.  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 8 August 2002
through 7 August 2004.
6.  Therefore, the applicant is entitled to have his records corrected to
show that his service as a member of the TNARNG as a warrant officer one
for the period 8 August 2002 through 7 August 2004 was Federally
recognized.

7.  The applicant also contends that his permanent Federal Recognition for
promotion to the grade of chief warrant officer two should be effective 8
August 2004.

8.  Records show that a qualified TNARNG Federal Recognition Board found
that the applicant was fully qualified for promotion to the grade of chief
warrant officer two.  Additionally, TNARNG officials originally promoted
the applicant to the grade of chief warrant officer two with an effective
date of 8 August 2004.

9.  Therefore, based on the evidence cited above, the applicant is entitled
to have National Guard Federal Recognition Orders Number 58 AR, dated
18 February 2005, amended to show the effective date of promotion to chief
warrant officer two was 8 August 2004.

BOARD VOTE:

_MM____  _JBG___  _JTM____  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 records of the individual concerned be corrected by:

      a.  showing that the service as a warrant officer one for the period
8 August 2002 through 7 August 2004 was Federally recognized;


      b.  by amending National Guard Federal Recognition Orders Number
58 AR, dated 18 February 2005, to show the effective date of promotion to
chief warrant officer two was 8 August 2004; and

      c.  by paying the applicant all back pay and allowances due based on
the above corrections.





                                         __Melvin H. Meyer___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000558                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050816                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |125.0200.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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