RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 October 2005
      DOCKET NUMBER:  AR20050002918


      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             |
|     |Ms. Stephanie Thompkins           |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Conrad V. Meyer               |     |Member               |
|     |Ms. Linda M. Barker               |     |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, promotion to chief warrant officer
(CW2) with a Federal Recognition date and date of rank of 1 February 2002.

2.  The applicant states that on 14 June 2001, following completion of the
warrant officer basic course (WOBC) (Flight School), an order was published
changing his military occupational specialty (MOS) to 153C.  When keying
the change into the Standard Installation/Division Personnel System
(SIDPERS), the technician changed his grade to CW2 in error.  This
keystroke changed all his records to indicate his rank as CW2 and this
error was not detected until a request for transfer revealed the oversight.
 He served on active duty for 17 months in support of Operation Iraqi
Freedom (OIF) in Balad, Iraq, performing the duties of a CW2.  He requests
this clerical error be corrected and he be promoted on his eligibility date
of 1 February 2002.

3.  The applicant provides copies of a Recommendation for Promotion of
Officer memorandum from the Battalion Commander, 1st Battalion, 106th
Aviation, Illinois Army National Guard (ILARNG), and a Request for
Promotion from the Commander, 65th Troop Command, ILARNG.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was appointed in the
ILARNG as a warrant officer one (WO1) effective 1 February 2000, with prior
enlisted service.

2.  He completed the Aviation WOBC effective 14 June 2001.  His DA Form
1059 (Service School Academic Evaluation Report) shows his grade as WO1.

3.  On 17 July 2001, the ILARNG published Order 198-097, awarding the
applicant the primary MOS 153A, effective 14 June 2001.

4.  His officer evaluation report (OER) for the period 15 June 2001 through
6 January 2002, shows his rank as CW2, his date of rank as 14 June 2001,
and his designated specialties as 154CO.

5.  He completed the CH-47 Aviator Qualification Course effective 16 March
2002.  His DA Form 1059 shows his grade as CW2.  His Report of Medical
Examination, dated 10 April 2002, shows his grade as WO1.

6.  His OER for the period 3 February 2003 through 2 February 2004 shows
his rank as CW2, his date of rank as 14 June 2001, and his designated
specialties as 154CO.

7.  The applicant submits a copy of a Recommendation for Promotion of
Officer memorandum from the Battalion Commander, 1st Battalion, 106th
Aviation, ILARNG, dated 8 December 2004, in which he recommended the
applicant for promotion.  He also submits a copy of a Request for Promotion
from the Commander, 65th Troop Command, ILARNG, dated 8 December 2004, in
which he recommended approval of the applicant's promotion.

8.  In an advisory opinion, dated 18 March 2005, the Chief, Personnel
Division, Departments of the Army and the Air Force, National Guard Bureau
(NGB), Arlington, Virginia, stated that the applicant alleged that on 14
June 2001, after completion of the WOBC, State Order number 198-097, dated
17 July 2001, was published, changing his MOS to 153C.  The SIDPERS
technician did a transaction to change his specialty and entered the
incorrect rank, and the error was not detected until a request for transfer
was requested.  The applicant also states that he was deployed to Iraq and
performed duties as a CW2.  The applicant was advised to submit a request
to the Army Board for Correction of Military Records to change his rank and
effective date.

9.  The opinion also stated that on 3 February 2002, an OER for the period
15 June 2001 through 6 January 2002 was issued with the following incorrect
administrative data:  rank, date of rank, and specialty.  The rater,
intermediate rater, and senior rater all address the report of the rater
officer's rank as CW2 instead of WO1.  Also the unit S-1 should have
reviewed the administrative data before it was sent to the rater, in
accordance with Army Regulation 600-8-103, chapter 1, paragraph 1-3c,
figure 1-1.  Army Regulation 623-105, chapter 3, paragraph 3-17(1) states
that prior to initiating a report the S-1 will ensure that the
administrative data is accurate.

10.  The opinion further stated that when the officer attended the CH-47
Aviator qualification course from 7 January through 16 March 2002 and
received a DA Form 1059 with the rank as CW2, at that time the officer
should have noticed the error and reported it to his unit technician and
the school for correction of his rank.  On a report of medical examination
done on 10 April 2002, the officer was addressed as WO1.  Once again an OER
for the period 3 February 2003 through 2 February 2004 was issued with the
incorrect administrative data.  In


accordance with Army Regulation 623-105, chapter 5, paragraph 5-17(1) that
states the rated officer will sign the OER after verifying Part 1
(Administrative Data).  The applicant should have noticed that his rank,
date or rank, and designated specialties were incorrect and raised the
issue.

11.  The opinion also stated that in accordance with National Guard
Regulation 600-101, chapter 7, paragraph 7-1, states the promotion of WO's
in the ARNG is a function of the State Adjutant General (TAG).  If the TAG
chooses not to promote an officer he/she is not obligated to do so.  Also
paragraph 7-2 states that promotions will be accomplished only when an
appropriate modification table of distribution and allowances or table of
distribution and allowances position vacancy exists in the unit.  The OER's
for the periods 15 June 2001 through 6 January 2002 and 3 February 2003
through 2 February 2004 reflect that the applicant was in a CW2 position.

12.  The opinion further stated that per coordination with the NGB, OER
section, it was recommended that the State MILPO send a memorandum
requesting correction to the OER administrative data for the periods 5 June
2001[sic] through 6 January 2002 and 3 February 2003 through 2 February
2004, to reflect the rank as WO1, date of rank as 1 February 2000, and
designated specialties as 153A, and to correct Part Vb, c, and Part VII to
change his rank from CW2 to WO1.  The NGB, Personnel Division and the
Personnel Policy, Programs, and Manpower Division concurred and recommended
approval on advancing the applicant to CW2 with a Federal Recognition date
and date of rank of 1 February 2002.  The TAG should be authorized to
promote the applicant, if the TAG feels that the officer's performance of
duty warrants the promotion.

13.  The advisory opinion was forwarded to the applicant for
acknowledgement or possible rebuttal on 28 March 2005.  He did not respond.

14.  Army Regulation 623-105, prescribes the policies and procedures for
the OER System.  Chapter 3, paragraph 3-17(1) of this regulation specifies
that prior to initiating a report the S-1 will ensure that the
administrative data is accurate.  Paragraph 3-17(3) specifies that the
rated officer's signature verifies the accuracy of the administrative data
in Part 1.

15.  National Guard Regulation 600-101, prescribes the policies and
procedures for ARNG WO personnel management.  Paragraph 7-1 of this
regulation specifies that appointment and promotion of WO's in the ARNG is
a function of the state TAG.  A WO1 must complete a minimum of 2 years time
in grade for promotion to CW2.  WO's must complete Reserve Component
configured courses applicable to their current duty MOS in order to meet
the military education promotion requirement.

16.  National Guard Regulation 600-101 also specifies that these
appointments and promotions must be federally recognized.  Warrant officers
may be examined for promotion not earlier than 3 months in advance of
completing the prescribed promotion requirements so that, if recommended by
a Federal Recognition Board (FRB), promotion may be effected on the date
the promotion requirements are met.  FRB's convening to examine promotion
of warrant officers who have passed their promotion eligibility date, may,
if so recommended and determined fully qualified on their promotion
eligibility date, consider granting temporary federal recognition
retroactive to that date, but not earlier than 90 days from the date of the
FRB.

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed the WOBC on 14 June 2001 and the ILARNG issued
orders changing his MOS to 153C.  His rank was incorrectly entered into
SIDPERS when a technician processed a transaction to change his specialty.
This error was not detected until a request for transfer was requested.
The applicant also received OER's for the periods 15 June 2001 through
6 January 2002 and 3 February 2003 through 2 February 2004 that incorrectly
shows his rank as CW2, his date of rank as 14 June 2001, and his designated
specialty as 154CO.

2.  The applicant was appointed as a WO1 with a date of rank of 1 February
2000 and based on the requirement for completion of 2 years time in grade
for promotion to CW2, the applicant was eligible for promotion on 1
February 2002.  It appears that through no fault of the applicant, a
promotion packet was never submitted by his unit to the NGB for recommended
promotion and extension of Federal Recognition which has delayed his
promotion to CW2 for over 3 years.  The applicant has submitted
documentation recommending his promotion from his battalion commander and
troop commander for his promotion to CW2.  It is concluded that an
administrative error denied the applicant promotion to CW2 effective 1
February 2002.  Based on applicable laws and regulations the applicant met
the requirements for and is entitled to promotion to CW2 and extension of
temporary Federal Recognition effective 1 February 2002, with entitlement
to back pay and allowances.

3.  In view of the foregoing, and insofar as the Department of the Army is
concerned, the applicant’s records should be corrected as recommended
below.

BOARD VOTE:

_CVM__  _JEV_____  _LMB___  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
State of Illinois Army National Guard and Department of the Army records of
the individual concerned be corrected by promoting him to the rank of chief
warrant officer two effective 1 February 2002 and granting him extension of
temporary Federal Recognition effective the same day, with entitlement to
back pay and allowances.




                                  __      James E. Vick______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002918                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/10/26                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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