RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 August 2006
      DOCKET NUMBER:  AR20060001681


      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:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Jerome L. Pionk               |     |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 National Guard Federal
Recognition order (initial appointment), dated 9 May 2005, in the grade of
warrant officer one be corrected to show the effective date 29 March 2002
and that National Guard Federal Recognition order (promotion), dated 17
June 2005, in the grade of chief warrant officer two be corrected to show
the effective date 29 March 2004.

2.  The applicant states he was initially appointed as a warrant officer
one on 29 March 2002 in the Nevada Army National Guard (NVARNG) and did not
receive timely permanent Federal Recognition.  The applicant further states
that his promotion to the grade of chief warrant officer two was delayed
due to the administrative errors in the processing of his initial
appointment Federal Recognition.

3.  The applicant provides a copy of his initial appointment packet for
warrant officer one and his promotion packet for chief warrant officer two.

CONSIDERATION OF EVIDENCE:

1.  NVARNG Orders Number 057-002, dated 26 February 2002, show that the
applicant was discharged from the Army National Guard and the Reserve of
the Army in the grade of sergeant effective 28 March 2002 for the purpose
of accepting commission in the NVARNG.  These orders further show the
applicant was appointed as a warrant officer one in the NVARNG effective 29
March 2002.

2.  On 29 March 2002, the applicant executed an Oath of Office as a warrant
officer one in the NVARNG and was granted temporary Federal Recognition.

3.  On 8 October 2004, the applicant executed an Oath of Office as a
warrant officer one in the NVARNG and was granted temporary Federal
Recognition.

4.  On 16 April 2003, the applicant successfully completed Aviation Warrant
Officer Basic Course.

5.  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.


6.  On 24 February 2004, a Federal Recognition Board was held by the NVARNG
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.

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

8.  On 19 January 2005, another Federal Recognition Board was held by the
NVARNG 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.

9.  On 19 January 2005, the applicant executed a third Oath of Office as a
warrant officer one in the NVARNG and was granted temporary Federal
Recognition.

10.  National Guard Bureau Federal Recognition Orders Number 146 AR, dated
9 May 2005, awarded the applicant permanent Federal Recognition for initial
appointment to the grade of warrant officer one, effective 19 January 2005.

11.  The applicant's records contain a 15 May 2005 memorandum from the
Deputy Chief of Staff for Personnel, NVARNG.  This memorandum requested
that the Chief of the National Guard Bureau grant an exception to policy
regarding the promotion of the applicant to the grade of chief warrant
officer two. This memorandum continues that the applicant was denied timely
Federal Recognition as a warrant officer one due to an administrative error
and requested that he be promoted to the grade of chief warrant officer two
effective 29 March 2004.

12. On 19 May 2005, the Chief of the Personnel Policy Branch granted the
request for the applicant to be promoted to the grade of chief warrant
officer two prior to completion of 24 months time in grade based on the
administrative error in the processing of his initial appointment as a
warrant officer one.

13.  National Guard Bureau Federal Recognition Orders Number 186 AR, dated
17 June 2005, awarded the applicant permanent Federal Recognition for
promotion to the grade of chief warrant officer two effective 31 May 2005.

14.  An advisory opinion was obtained from the Chief of the Personnel
Policy Division of the National Guard Bureau for review with this
application.  The Chief of the Personnel Policy Division opined that an
administrative error denied the applicant timely processing of permanent
Federal Recognition for initial appointment as a warrant officer one
effective 29 March 2002.

15.  The Chief of the Personnel Policy Division further opined that the
effective date of the applicant's permanent Federal Recognition for
promotion to the grade of chief warrant officer two should be amended to
show the effective date 28 March 2004.

16.  On 3 February 2006, the advisory opinion was forwarded to the
applicant for review and comment.  The applicant did not submit written
comments in rebuttal to the opinion.

17.  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.

18.  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.



19.  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.

20.  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.

21.  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.

22.  Table 7-1 of National Guard Regulation 600-101 shows that the minimum
time-in grade requirement for promotion to the grade of chief warrant
officer two is 2 years in the lower grade.








DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant was granted temporary Federal
Recognition effective 29 March 2002 upon his initial appointment in the
NVARNG 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 Nevada for endorsement to the National Guard Bureau
for extension of permanent Federal Recognition.  Through no fault of the
applicant, this action was not taken.

2.  Subsequently, the applicant's Federal Recognition packet was considered
by two additional NVARNG Federal Recognition Boards.

3.  Based on the recommendations of the third NVARNG Federal Recognition
Board, the National Guard Bureau issued orders awarding the applicant
permanent Federal Recognition effective 19 January 2005.

4.  From the foregoing, it is clear that an administrative error denied the
applicant Federal Recognition effective 29 March 2002.

5.  Based on applicable law and regulation, the applicant is entitled to
have Federal Recognition Order Number 146 AR, dated 9 May 2005, amended to
show the effective date of permanent Federal Recognition in the grade of
warrant officer one is 29 March 2002.

6.  Additionally, the applicant's records clearly show that he performed
the duties of a warrant officer one for a two year period following his
initial appointment and successfully completed Aviation Warrant Officer
Basic Course on 16 April 2003.  Therefore, he is entitled to have Federal
Recognition Order Number 186 AR, dated 17 June 2005, amended to show the
effective date of permanent Federal Recognition in the grade of chief
warrant officer two is 29 March 2004.

BOARD VOTE:

_JTM____  _LDS___  _JLP____  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
amending Federal Recognition Order Number 146 AR, dated 9 May 2005, to show
that he was extended Federal Recognition effective 29 March 2002 in the
grade of warrant officer one and amending Federal Recognition Order Number
186 AR, dated 17 June 2005, to show that he was extended Federal
Recognition effective 29 March 2004 in the grade of chief warrant officer
two.





                                       __Linda D. Simmons____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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