RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:
      DOCKET NUMBER:   AR20050011259


      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. Barbara J. Ellis              |     |Member               |
|     |Mr. Richard T. Dunbar             |     |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 25 March 2004.

2.  The applicant states he was not granted permanent Federal Recognition
from the National Guard Bureau (NGB) on 25 March 2004, 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 28 September 2000; an Oath of
Office, dated 25 March 2004, Iowa Army National Guard (IAARNG) Orders
Number 076-031, dated 16 March 2004; WOCS completion certificate, dated 25
March 2004; Warrant Officer Basic Course completion certificate, dated 22
June 2004; NGB Form 89, dated 30 November 2004; an Oath of Office, dated 30
November 2004; and National Guard Bureau Federal Recognition Orders Number
29 AR, dated 2 February 2005

CONSIDERATION OF EVIDENCE:

1.  Records show the applicant served as an enlisted Soldier prior to being
commissioned as a warrant officer in the IAARNG.  The highest enlisted
grade held was master sergeant/ pay grade E-8.

2.  On 28 September 2000, a Federal Recognition Board was held by the
IAARNG 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.  The Federal Recognition Board proceedings show the applicant was
selected for entry into WOCS.  These proceedings show the applicant was to
be awarded temporary Federal Recognition upon completion of WOCS.

4.  The Federal Recognition Board Proceedings also found the applicant
qualified for promotion to chief warrant officer two with the effective
date of successful completion of Warrant Officer Basic Course without
further Federal Recognition Board action.




5.  IAARNG Orders Number 219-057, dated 9 November 2000, show the applicant
was appointed as a warrant officer candidate, effective 7 November 2000.

6.  The applicant successfully completed the Warrant Officer Candidate
School on 25 March 2004.

7.  On 25 March 2004, the applicant executed an Oath of Office as a warrant
officer one in the IAARNG and was granted temporary Federal Recognition.

8.  IAARNG Orders Number 076-310, dated 16 March 2004, show the applicant
was appointed as a warrant officer one in the IAARNG effective 25 March
2004.

9.  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.

10.  The applicant's records contain an 8 June 2004 memorandum from the
Warrant Officer Proponency Section of the Office of the Chief of Ordnance
which shows he was awarded constructive credit for Warrant Officer Basic
Course based on his considerable training, maintenance experience, and duty
performance.

11.  A Department of the Army Certificate of Training, dated 22 June 2004,
shows the applicant successfully completed the Warrant Officer Basic Course
based on constructive credit on 22 June 2004.

12.  IAARNG Orders Number 217-007, dated 4 August 2004, show the applicant
was promoted to the grade of chief warrant officer two effective 22 June
2004.

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

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


15.  On 30 November 2004, a second Federal Recognition Board was held by
the IAARNG 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.
16.  The second Federal Recognition Board proceedings show the applicant
was selected for entry into WOCS.  These proceedings show the applicant was
to be awarded temporary Federal Recognition upon completion of WOCS.

17.  The Federal Recognition Board Proceedings also found the applicant
qualified for promotion to chief warrant officer two without further
Federal Recognition Board action.  The Federal Recognition Board
Proceedings show the effective date for promotion to chief warrant officer
two would be the date of successful completion of the Warrant Officer Basic
Course.

18.  On 30 November 2004, the applicant executed a second Oath of Office as
a warrant officer one in the IAARNG and was granted temporary Federal
Recognition.

19.  IAARNG Orders Number 011-404, dated 11 January 2005, show the
applicant was appointed in the IAARNG as a warrant officer one effective
30 November 2004.

20.  National Guard Bureau Federal Recognition Orders Number 29 AR, dated
2 February 2005, awarded the applicant permanent Federal Recognition for
initial appointment to the grade of warrant officer one, effective 30
November 2004.

21.  The staff of the ABCMR requested the Chief, NGB review the application
and provided a comprehensive advisory opinion.

22.  On 3 August 2005, the Chief of the Personnel Division of the National
Guard Bureau provided a two-page advisory opinion which essentially stated
relief should be granted in the applicant's case by amending his initial
appointment as a warrant officer one effective 25 March 2004.

23.  The NGB opinion did not address the applicant's promotion to chief
warrant officer two.

24.  On 9 August 2005, the applicant was provided a copy of the NGB
advisory opinion for review and comment.  On 12 August 2005, the applicant
concurred with the opinion provided.





25.  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.

26.  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.

27.  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.

28.  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.

29.  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 25 March 2004, the date he
completed WOCS.

2.  Records show that the applicant was granted temporary Federal
Recognition effective 25 March 2004, upon his initial appointment in the
IAARNG 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 Iowa 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.  Subsequently, the applicant's Federal Recognition packet was considered
by another IAARNG Federal Recognition Board.

4.  Based on the recommendations of the second IAARNG Federal Recognition
Board, the National Guard Bureau issued orders awarding the applicant
permanent Federal Recognition effective 30 November 2004.

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 25 March 2004.





6.  Based on applicable law and regulation, the applicant is entitled to
have Federal Recognition Order Number 29 AR, dated 2 February 2005, amended
to show the effective date of permanent Federal Recognition in the grade of
warrant officer one is 25 March 2004.

7.  Records further show the applicant adhered to the education stipulation
imposed by the Federal Recognition Board by completing the Warrant Officer
Basic Course on 22 June 2004.  The Federal Recognition Board directed the
applicant be promoted to the grade of chief warrant officer two without
further Board action effective the date of completion of the Warrant
Officer Basic Course.

8.  Additionally, evidence shows the applicant was promoted on 4 August
2004 to the grade of chief warrant officer two by the IAARNG with the
effective date 22 June 2004.

9.  Therefore, based on the foregoing, the applicant is entitled to the
award of Federal Recognition for promotion to the grade of chief warrant
officer two effective 22 June 2004.

BOARD VOTE:

_SK___  _BJE____  __RTD____  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.  by amending National Guard Federal Recognition Orders Number
29 AR, dated 2 February 2005, to show the effective date of initial
appointment as a warrant officer one was 25 March 2004; and


      b.  by showing the individual concerned was promoted to the grade of
chief warrant officer two and awarded permanent Federal Recognition
effective 22 June 2004.





                                      _Stanley Kelley___
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050011259                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050901                                |
|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.                      |                                        |


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