RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 July 2007
	DOCKET NUMBER:  AR20060015871 


	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.


Ms. Catherine C. Mitrano

Director

Mr. John J. Wendland, Jr.

Analyst


The following members, a quorum, were present:


Ms. Kathleen A. Newman

Chairperson

Ms. Susan A. Powers

Member

Mr. Edward E. Montgomery

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 Federal recognition order (initial appointment) in the grade of warrant office one (WO1) be corrected to show an effective date of 9 April 2004, his promotion to the grade of chief warrant officer two (CW2) be corrected to show an effective date of 9 April 2006, and all pay and allowances due him based on these corrections.

2.  The applicant states, in effect, that he was initially appointed as a WO1 on
9 April 2004 in the Virginia Army National Guard (VAARNG); however, through no fault of his own, his temporary Federal recognition was allowed to expire.  As a result, his promotion to CW2 was delayed.

3.  The applicant provides copies of NGB Form 89 (Proceedings of a Federal Recognition Examining Board), dated 22 January 2004 and 21 September 2006; NGB Form 337 (Oaths of Office), dated 9 April 2004 and 21 September 2006; Headquarters, Office of the Adjutant General of Virginia, Joint Force Headquarters - Virginia, Blackstone, Virginia, Orders 085-128, dated 25 March 2004; and Headquarters, Virginia Army National Guard, Blackstone, Virginia, Orders 304-001, dated 31 October 2006 and Orders 271-004, dated
28 September 2006.

CONSIDERATION OF EVIDENCE:

1.  On 22 January 2004, a Federal Recognition Board was held by the VAARNG to determine if the applicant was qualified to be awarded Federal recognition.  The proceedings indicated that the applicant’s physical, moral, professional, and general qualifications were satisfactory and that he was qualified to be granted Federal recognition.

2.  Headquarters, Office of the Adjutant General of Virginia, Joint Force Headquarters - Virginia, Blackstone, Virginia, Orders 085-128, Paragraph 2, dated 25 March 2004, as amended by Headquarters, Virginia Army National Guard, Blackstone, Virginia, Orders 304-001, dated 31 October 2006, appointed the applicant a WO1 in the VAARNG, effective 9 April 2004.  These orders also show that the applicant’s promotion eligibility date (PED) for CW2 was 9 April 2006.

3.  On 9 April 2004, the applicant executed an Oath of Office as a WO1 in the VAARNG and was granted temporary Federal recognition.  

4.  There is no evidence that the applicant received permanent Federal recognition as a WO1 from the National Guard Bureau (NGB) within the
6-month period required by National Guard/Army regulations.  As a result, his temporary Federal recognition expired.

5.  The applicant's records contain a DA Form 1059 (Service School Academic Evaluation Report), dated 6 October 2004, which shows that the applicant successfully completed the Military Personnel Technician Warrant Officer Basic Course on 6 October 2004.

6.  On 21 September 2006, another Federal Recognition Board was held by the VAARNG to determine if the applicant was qualified to be awarded Federal recognition.  The proceedings indicated that the applicant’s physical, moral, professional, and general qualifications were satisfactory and that he was qualified to be granted Federal recognition.

7.  On 21 September 2006, the applicant executed a second Oath of Office as a WO1 in the VAARNG and was granted temporary Federal recognition. Headquarters, Virginia Army National Guard, Blackstone, Virginia, Orders
271-004, Paragraph 2, dated 28 September 2006, appointed the applicant a WO1 in the VAARNG, effective 21 September 2006.  This order also shows that the applicant’s PED for CW2 was 21 September 2008.

8.  Headquarters, National Guard Bureau, Washington, DC, Special Orders Number 276 AR, dated 30 October 2006, awarded the applicant permanent Federal recognition for initial appointment in the ARNG in the grade of WO1, effective 21 September 2006.

9.  On 14 December 2006, a Federal Recognition Board was held by the VAARNG to determine if the applicant was qualified for promotion to CW2.  The proceedings indicated that the applicant’s physical, moral, professional, and general qualifications were satisfactory and that he was qualified to be granted Federal recognition.

10.  Headquarters, Virginia Army National Guard, Joint Force Headquarters - Virginia, Blackstone, Virginia, Orders 353-004, dated 19 December 2006, promoted the applicant to CW2 in the VAARNG, effective 14 December 2006.  This order also shows that the applicant was instructed that he will not receive pay nor wear insignia in the higher grade until Federal recognition has been extended by the Chief, NGB.

11.  Headquarters, National Guard Bureau, Washington, DC, Special Orders Number 5 AR, dated 9 January 2007, awarded the applicant permanent Federal recognition for promotion to the grade of CW2, effective 14 December 2006.

12.  In connection with the processing of this case, an advisory opinion was obtained from the Chief, Personnel Division, National Guard Bureau, Arlington, Virginia, which recommended approval of the applicant's request.  The advisory opinion recommended adjustment of the applicant's initial appointment date as a WO1 to 9 April 2004 and adjustment of his promotion to CW2 to 9 April 2006.

13.  On 24 May 2007, the applicant was provided a copy of the Chief, Personnel Division, National Guard Bureau advisory opinion in order to have the opportunity to respond to its contents.  On 29 May 2007, the applicant provided his concurrence with the advisory opinion.

14.  National Guard Regulation 600-101 (Warrant Officer - Federal Recognition and Related Personnel Actions) provides procedures for processing applications for Federal recognition.  Paragraph 2-1 states that warrant officers of the ARNG are appointed by the several States under Article 1, Section 8 of the U.S. Constitution.  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.  Warrant 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.

15.  National Guard Regulation 600-101, paragraph 2-3, states that temporary Federal recognition may be extended to an officer who has been appointed in the ARNG of a State and found to be qualified by a Federal recognition examining 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 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 Federal recognition examining board 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 is the date on which the officer executes the Oath of Office.

16.  National Guard Regulation 600-101, paragraph 9-15b, 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 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.

17.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers, Other Than General Officers), paragraph 2-1, states, in pertinent part, that an officer in the grade of warrant officer one will be considered for promotion without review by a selection board.  The officer's records will be screened to determine eligibility for promotion to the next higher grade far enough in advance to permit promotion on the date the promotion service is completed in compliance with table 2-1 or table 2-3 of this regulation.

18.  Table 2-3 (Warrant Officer Time in Grade and Military Education Requirements) of Army Regulation 135-155 shows that the minimum time in grade as a warrant officer one for promotion to chief warrant officer two is
2 years.  Table 2-3 also shows, in pertinent part, that warrant officers must complete a warrant officer basic course to be eligible for promotion to chief warrant officer two.

DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant was granted temporary Federal recognition, effective 9 April 2004, upon his initial appointment in the VAARNG as WO1.  At that time, his Federal recognition packet and allied documents were to be forwarded to The Adjutant General of the State of Virginia for endorsement to the National Guard Bureau for extension of permanent Federal recognition. However, through no fault of the applicant, the Federal recognition packet was either lost or misplaced, as it was not acted upon by the National Guard Bureau.

2.  Subsequently, the applicant's Federal recognition packet was considered by another VAARNG Federal Recognition Board.  Based on the recommendations of the second VAARNG Federal Recognition Board, the National Guard Bureau issued orders awarding the applicant permanent Federal recognition, effective
21 September 2006.
3.  From the foregoing, it is clear that an administrative error denied the applicant Federal recognition, effective 9 April 2004.  Therefore, based on applicable law and regulation, the applicant is entitled to correction of his records to show permanent Federal recognition of his initial appointment in the grade of WO1, effective 9 April 2004.

4.  In view of the foregoing and based on the 9 April 2004 effective date for WO1, the applicant was eligible for promotion to CW2 on 9 April 2006.  In addition, the evidence of record shows the applicant met the military educational requirement (i.e., completion of the Military Personnel Technician Warrant Officer Basic Course) for promotion to CW2 prior to 9 April 2006.  Therefore, the applicant is entitled to correction of his records to show he was promoted to CW2 and awarded permanent Federal recognition for promotion to CW2, effective 9 April 2006.

BOARD VOTE:

___KAN_  ___SAP__  ___EEM_  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.  amending Headquarters, National Guard Bureau, Washington, DC, Special Orders Number 276 AR, dated 30 October 2006, to show that he was extended Federal recognition in the ARNG for initial appointment in the rank of warrant officer one/pay grade W-1, effective 9 April 2004;

b.  amending Headquarters, Virginia Army National Guard, Joint Force Headquarters - Virginia, Blackstone, Virginia, Orders 353-004, dated
19 December 2006, to show that he was promoted to CW2 in the VAARNG, effective 9 April 2006; and


c.  amending Headquarters, National Guard Bureau, Washington, DC, Special Orders Number 5 AR, dated 9 January 2007, to show that he was extended Federal recognition in the ARNG for promotion in the rank of chief warrant officer two/pay grade W-2, effective 9 April 2006.

2.  The Board further recommends that, based upon the 9 April 2006 promotion effective date to CW2, the applicant be awarded all back pay and allowances he may be entitled to as a warrant officer serving in the rank of chief warrant officer two (CW2)/pay grade W-2.




__Kathleen A. Newman____
          CHAIRPERSON




INDEX

CASE ID
AR20060015871
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/07/10
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
125.0200.0000
2.

3.

4.

5.

6.