RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 November 2005
      DOCKET NUMBER:  AR20050002760


      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. Stanley Kelley                |     |Chairperson          |
|     |Ms. Diane J. Armstrong            |     |Member               |
|     |Ms. Della 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 his records be corrected to show his date of
appointment was 26 June 2001.

2.  The applicant states he was not granted permanent Federal Recognition
from the National Guard Bureau (NGB) on 26 June 2001, the date he graduated
from Warrant Officer Candidate School (WOCS).

3.  The applicant provides a copy of NGB Form 89 (Proceedings from a
Federal Recognition Examining Board), dated 15 June 2001; an Oath of
Office, dated 26 June 2001, Massachusetts Army National Guard (MAARNG)
Orders Number 166-6, dated 15 June 2001; WOCS completion certificate, dated
26 June 2001; Aviation Warrant Officer Basic Course completion certificate,
dated 9 August 2002; Texas Army National (TXARNG) Guard Orders Number 114-
1016, dated 24 April 2003; MAARNG Orders Number 156-9, dated 7 June 2003;
an Oath of Office, dated 6 June 2003 [MAARNG]; an Oath of Office, dated 6
June 2003 [TXARNG]; MAARNG Orders Number 156-10, dated 7 June 2003; an NGB
Form 62-E (Application for Federal Recognition as an Army National Guard
Office or Warrant Officer and Appointment as a Reserve Commissioned Officer
or Warrant Officer of the Army in the Army National Guard of the United
States), dated 11 June 2003; National Guard Bureau Federal Recognition
Orders Number 153 AR, dated 17 June 2003; National Guard Bureau Federal
Recognition Orders Number 193 AR, dated 29 July 2003; TXARNG Orders Number
190-1015, dated 9 July 2003; a U.S. Army Human Resources Command
memorandum, dated 2 March 2004; TXARNG Orders Number 160-1069, dated 9 June
2005; and TXARNG Orders Number 190-1104, dated 16 June 2005 in support of
this application.

CONSIDERATION OF EVIDENCE:

1.  Records show the applicant served as an enlisted Soldier prior to being
appointed as a warrant officer in the MAARNG.  The highest enlisted grade
held was sergeant/ pay grade E-5.

2.  On 15 June 2001, a Federal Recognition Board was held by the MAARNG to
determine if the applicant was qualified for appointment in the Army
National Guard as a warrant officer one and to be awarded permanent Federal
Recognition.  The proceedings indicated that the applicant was satisfactory
in his physical qualifications, moral character, and general
qualifications.


3.  MAARNG Orders Number 166-6, dated 15 June 2001, show the applicant was
appointed as a warrant officer one, effective 26 June 2001.

4.  The applicant successfully completed the Warrant Officer Candidate
School on 26 June 2001.

5.  On 26 June 2001, the applicant executed an Oath of Office as a warrant
officer one in the MAARNG and was granted temporary Federal Recognition.

6.  There is no evidence that the applicant received permanent Federal
Recognition as a warrant officer one from the National Guard Bureau within
the six month period required by National Guard/Army regulations.

7.  TXARNG Orders Number 114-1016, dated 24 April 2003, show the applicant
was appointed a warrant officer one in the TXARNG effective 5 April 2003.
However, the entry "5 April 2003" is lined through in ink and replaced with
the handwritten entry "6 June 2003 Amended 9 Jul 03 [July 2003] S.O.
[Special Orders] 190-1015."

8.  On 6 June 2003, the applicant executed a second Oath of Office as a
warrant officer one in the MAARNG and was granted temporary Federal
Recognition.

9.  On 6 June 2003, the applicant also executed an Oath of Office as a
warrant officer one in the TXARNG and was granted temporary Federal
Recognition.

10.  MAARNG Orders Number 156-9, dated 7 June 2003, revoked the MAARNG
Orders Number 166-6, dated 15 June 2001, which appointed the applicant in
the MAARNG as a warrant officer one.

11.  MAARNG Orders Number 156-10, dated 7 June 2003, show the applicant was
appointed as a warrant officer one, effective 6 June 2003.

12.  The applicant's records show that he applied to the MAARNG for
permanent Federal Recognition as a warrant officer one on 11 June 2003.

13.  National Guard Bureau Federal Recognition Orders Number 152 AR, dated
17 June 2003, awarded the applicant permanent Federal Recognition for
initial appointment to the grade of warrant officer one, in the MAARNG,
effective 6 June 2003.


14.  National Guard Bureau Federal Recognition Orders Number 193 AR, dated
29 July 2003, awarded the applicant permanent Federal Recognition for a
change of state from Massachusetts to Texas, as a warrant officer one,
effective 6 June 2003.

15.  TXARNG Orders Number 190-1015, dated 9 July 2003 amended TXARNG Orders
Number 114-1016, dated 24 April 2003, by changing the effective date of
appointment as a warrant officer one in the TXARNG from 5 April 2003 to 6
June 2003.

16.  TXARNG Orders Number 160-1069, dated 9 June 2005, show the applicant
was promoted to the grade of chief warrant officer two effective 7
September 2004 with a date of rank of 26 June 2001.

17.  TXARNG Orders Number 167-1104, dated 16 June 2005, revoked TXARNG
Orders Number 160-1069, dated 9 June 2005 which promoted the applicant to
chief warrant officer two.

18.  There is no evidence the applicant executed an Oath of Office in the
grade of chief warrant officer two.

19.  There is no evidence the applicant received permanent Federal
Recognition as a chief warrant officer two from the National Guard Bureau.


20.  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.

21.  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.

22.  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.

23.  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.

24.  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 his records should be corrected to show his date
of appointment as a warrant officer one was 26 June 2001, the date he
completed WOCS.
2.  Records show that the applicant was granted temporary Federal
Recognition effective 26 June 2001, upon his initial appointment in the
MAARNG 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 Massachusetts 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 transferred to the TXARNG and was appointed
as a warrant officer one on 6 June 2003.  There is no evidence the
applicant was Federally recognized as a warrant officer one at the time of
his transfer to the TXARNG.

4.  Evidence of record shows the applicant was awarded permanent Federal
Recognition for appointment as a warrant officer one, in the MAARNG,
effective 6 June 2003 and that he was also awarded permanent Federal
Recognition for the purpose of transferring from the MAARNG to the TXARNG
effective 6 June 2003.

5.  From the foregoing, it is clear that an administrative error denied the
applicant Federal Recognition for initial appointment as a warrant officer
one effective 26 June 2001, the date of his completion of Warrant Officer
Candidate School and the date that he executed an Oath of Office and was
awarded temporary Federal Recognition for initial appointment as a warrant
officer one in the MAARNG.

6.  Based on applicable law and regulation, the applicant is entitled to
have Federal Recognition Order Number 152 AR, dated 17 June 2003, amended
to show the effective date of permanent Federal Recognition for initial
appointment in the grade of warrant officer one is 26 June 2001.

7.  Additionally, evidence shows the applicant was promoted on 4 August
2004 to the grade of chief warrant officer two by the TXARNG with the
effective date 7 September 2004.  However, this promotion was revoked by
the TXARNG.

8.  Based on the facts in this case, the applicant's should have been
considered for advancement to the grade of chief warrant officer two.
Therefore, his official military records should be reviewed and he should
be promoted to the grade of chief warrant officer two at the earliest date
that he met the minimum qualifications for advancement to chief warrant
officer two.


BOARD VOTE:

_SK_____  _DRT___  _DA____  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.  amending National Guard Federal Recognition Orders Number AR 152,
dated 17 June 2003, to show the effective date of initial appointment as a
warrant officer one was 26 June 2001; and


      b.  reviewing his official military records and if, eligible,
promoting him to the grade of chief warrant officer two at the earliest
date that he met the minimum qualifications.




                                     __Stanley Kelley____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002760                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051108                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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