RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  5 April 2007
	DOCKET NUMBER:  AR20060012992 


	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.



	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, correction to her initial appointment date and Federal Recognition date from 23 February 2005 to 27 July 2004, with entitlement to back pay and allowances. 

2.  The applicant states, in effect, per the California Army National Guard (CAARNG) Orders Number 209-1201, her Federal Recognition date to warrant officer one (WO1) should be corrected to 27 July 2004.  She also states that she accepted an appointment as a WO1 on 27 July 2004 and appointed with the same effective date.  Through no fault of her own, the CAARNG did not forward her orders to the Federal Recognition Examining Board (FREB).  She finally received an additional appointment order with an effective date of 23 February 2005.  This order was sent to the FREB, but the original orders were not.  She repeatedly requested the status of her missing Federal Recognition orders and finally received them in April 2005, a full 9 months after her appointment and with an incorrect effective date.  

3.  The applicant provides copies of her NGB (National Guard Bureau) Form 89 (Proceedings of a FREB), dated 27 July 2004; her appointment orders; and her Federal Recognition orders, in support of her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed in the CAARNG, as a second lieutenant, effective 19 August 2000.  She was promoted to first lieutenant effective 28 August 2002.

2.  On 1 January 2004, a FREB considered and accepted the applicant's application for appointment in the CAARNG and determined the applicant was fully qualified to perform the duties of a WO1.

3.  The applicant was appointed in the CAARNG, as a WO1, effective 27 July 2004.  She signed her Oaths of Office on the same day.

4.  On 23 February 2005, another NGB Form 89 was approved for initial appointment of the applicant in the CAARNG, as a WO1, effective 23 February 2005.  She signed her second Oaths of Office on the same day.

5.  On 2 March 2005, the applicant was issued Orders Number 61-1276, showing her appointment in the CAARNG, as a WO1, effective 23 February 2005.  

6.  On 23 June 2005, the applicant was issued Special Orders Number 190 AR, extending her Federal Recognition with an initial appointment as a WO1 in the CAARNG effective 23 February 2005.

7.  In an advisory opinion, dated 9 March 2007, the Chief, Personnel Division, Departments of the Army and the Air Force, NGB, reiterated the applicant's request and statement.  The NGB official stated that the CAARNG approved NGB Form 62 (Application for Federal Recognition as an ARNG WO and Appointment as a Reserve Commissioned WO of the Army in the ARNG of the United States) on 27 July 2004, for her initial appointment as a WO1.  State Orders Number 61-1276 and Federal Recognition Special Orders Number 190 AR were published for her initial appointment effective 23 February 2005.  National Guard Regulation 600-101, paragraph 2-3, 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 FREB pending final determination of eligibility and appointment as a WO of the Army.  If not sooner withdrawn or replaced by granting of permanent Federal recognition, temporary Federal recognition will automatically terminate 6 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 FREB should be convened to consider the request again and grant another new period of temporary Federal recognition if warranted.  Paragraph 2-4b states that the effective date of Federal recognition for an original appointment is the date on which the WO first executed the Oaths of Office in the State.

8.  The NGB official recommended approval on the applicant's request to adjust her initial appointment date of 27 July 2004.  The NGB official also recommended that the applicant be promoted to chief warrant officer two (CW2), effective 27 July 2006, if she submits documents to the Army Board for Correction of Military Record reflecting completion of the Warrant Officer Basic Course required for promotion.

9.  The advisory opinion was forwarded to the applicant for acknowledgement and/or rebuttal on 13 March 2007 and she concurred on 23 March 2007.  The applicant submitted her DA Form 1059 (Service School Academic Evaluation Report) that shows she completed the Aviation OBC effective 29 March 2002.

10.  National Guard Regulation 600-100, paragraph 2-4b, states that the effective date of Federal Recognition for original appointment is that date on which the officer executes the Oaths 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.  Federal Recognition will continue in effect as long as the commissioned officer continues to meet requirements of the grade and position or until recognition is withdrawn in accordance with regulations, or as otherwise provided by law.  The FREB 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, 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 The Adjutant General.   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.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to correction of her records to show she was appointed in the CAARNG and extended Federal Recognition as a WO1 effective 27 July 2004, with all appropriate adjustment of pay and allowances.  Therefore, the Oaths of Office, dated 23 February 2005; Orders Numbers 61-1276, dated 2 March 2005; and Special Orders Number 190 AR, dated 23 June 2005, should be declared void and of no force or effect.  

2.  The FREB recommended the applicant for appointment in the CAARNG in the rank of WO1 with an effective date and date of rank of 27 July 2004.  Through no fault of the applicant, her temporary extension of Federal Recognition expired.  Upon submission of another appointment, another Oaths of Office was initiated and her effective date and date of rank for WO1 became 23 February 2005, the date the second oath was administered.  The administrative error in processing and granting the applicant permanent Federal Recognition upon her initial appointment and processing of her second appointment packet altered her effective date and date of rank through no fault of the applicant, and she should not be penalized for this action.

3.  Based on the applicant's completion of 2 years time in grade and the Aviation OBC she was eligible for promotion to CW2 effective 27 July 2006.  Therefore, it 
is concluded that based on a matter of equity and on the support for favorable consideration expressed by the NGB, Personnel Division, the applicant should be promoted to CW2 with an effective date and date of rank of 27 July 2006.

4.  In view of the foregoing, the applicant’s CAARNG and Department of the Army records should be corrected as recommended below.

BOARD VOTE:

__LDS __  __JCR__  __SWF___  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 the State of California Army National Guard and Department of the Army records of the individual concerned be corrected:

	a.  by voiding the applicant's Oaths of Office, dated 23 February 2005;  the Orders Number 61-1276, dated 2 March 2005; and Special Orders Number 190 AR, dated 23 June 2005; and declare them to be of no force or effect; 

b.  by showing that the applicant was appointed in the California Army National Guard and extended Federal Recognition, as a warrant officer one, effective 27 July 2004, with all appropriate adjustment of pay and allowances; and 
c.  by promoting the applicant to chief warrant officer two effective 27 July 2006, with all appropriate adjustment of pay and allowances.





_____Linda D. Simmons_____
          CHAIRPERSON



INDEX

CASE ID
AR20060012992
SUFFIX

RECON

DATE BOARDED
20070405
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
131.00
2.

3.

4.

5.

6.