RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           18 August 2005
      DOCKET NUMBER:  AR20050005835


      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. James E. Vick                 |     |Chairperson          |
|     |Mr. Ronald J. Weaver              |     |Member               |
|     |Mr. Robert Rogers                 |     |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
4 February 2000 through 28 May 2001, as a warrant officer one, be
creditable service in the Army National Guard of the United States and the
Reserve of the Army.

2.  The applicant states he was initially appointed as a warrant officer
one on 4 February 2000 in the Oregon Army National Guard (ORARNG) and that
he never received permanent Federal Recognition as a warrant officer one.

3.  The applicant provides a copy of ORARNG Orders Number 32-1, dated
1 February 2000; an Oath of Office, dated 4 February 2002; National Guard
Bureau Federal Recognition Orders Number 212 AR, dated 2 August 2001; a DA
Form 1059 (Service School Academic Evaluation Report), dated 4 May 2001;
and five DA Forms 67-9 (Officer Evaluation Report).

CONSIDERATION OF EVIDENCE:

1.  ORARNG Orders Number 32-1, dated 1 February 2002, show that the
applicant was discharged from the Army National Guard and the Reserve of
the Army as a master sergeant for appointment as a commissioned officer in
the ORARNG effective 4 February 2000.

2.  On 4 February 2000, the applicant executed an Oath of Office as a
warrant officer one in the ORARNG and was granted temporary Federal
Recognition.

3.  There is no evidence 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.

4.  The applicant's records show he successfully completed the Unit
Maintenance Officer Warrant Officer Basic Course on 4 May 2001.

5.  There is no documentation in the applicant's records which show that a
Federal Recognition Board was held by the ORARNG to determine if the
applicant was qualified to be awarded Federal Recognition for promotion to
the grade of chief warrant officer two.


6.  The applicant's records contain a 5 May 2001 memorandum from the
Commander of the Headquarters of the 641 Medical Battalion of the ORARNG.
This memorandum states the applicant demonstrated the required fitness for
the responsibilities and duties of the position and grade for which
recommended and he met the minimum military and civilian education
requirements for promotion to the grade of chief warrant officer two.

7.  ORARNG Orders Number 183-1, dated 2 July 2001, show the applicant was
promoted to the grade of chief warrant officer two, effective 29 May 2001.

8.  National Guard Federal Recognition Orders Number 212, dated 2 August
2001, awarded the applicant permanent Federal Recognition for promotion to
the grade of chief warrant officer two, effective 29 May 2001.

9.  Records show that the applicant performed duties as a warrant officer
one in a valid National Guard position throughout the period 4 February
2000 through 28 May 2001.

10.  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.

11.  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.

12.  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.

13.  Paragraph 2-3 of National Guard Regulation 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.

14.  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 4 February
2000 through 28 May 2001, 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 4 February 2000, upon his initial appointment in the
ORARNG 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 Oregon 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 ORARNG during the period 4 February 2000 through
28 May 2001.

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 for promotion to chief warrant officer
two and 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 4 February 2000
through 28 May 2001.

6.  Therefore, the applicant is entitled to have his records corrected to
show that his service in the ORARNG as a warrant officer one for the period
4 February 2000 through 28 May 2001 was Federally recognized.

BOARD VOTE:

__RJW__  _RR____  _JEV_  __  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
4 February 2000 through 28 May 2001 was Federally recognized; and


      b.  by paying the applicant all back pay and allowances due based on
the above correction.




            ___James E. Vick___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050005835                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050818                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Grant                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |125.0100.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]