RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 January 2008
	DOCKET NUMBER:  AR20070010122 


	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.


x
	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, adjustment to his promotion effective date and date of rank for chief warrant officer three (CW3) from 27 July 2006 to 25 June 2004, with entitlement to back pay and allowances.

2.  The applicant states, in effect, that he was promoted to CW2 effective 25 June 1998 and should have been promoted to CW3 effective 25 June 2004.  He also states that he served as a land combat missile maintenance technician during the 2002-2003 timeframe due to a military occupational specialty (MOS) re-designation.  He completed the Warrant Office Basic Course (WOBC) effective 13 March 2003.  He further states that in accordance with National Guard Regulation 600-101, paragraph 7-7d, warrant officers recertified in a new MOS due to reorganization or inactivation remain MOS qualified for promotion purposes for 1 year from the effective date of the reorganization or inactivation provided all education requirements are met in the old MOS.

3.  The applicant provides a self-prepared Chronological Order of Events, copies of his initial appointment orders; position assignment orders; his WOBC DA Form 1059, Service School Academic Evaluation Report; orders changing his MOS; his CW2 promotion orders and memorandum; his Warrant Officer Advanced Course (WOAC) completion certificate; his WOAC DA Form 1059; his 2003 transfer orders; his 2004 and 2006 primary MOS (PMOS) change orders; his 2005 DA Form 1059; his 2006 WOAC DA Form 1059; his promotion orders and memorandum for CW3, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was appointed in the New York Army National Guard (NYARNG), as a warrant officer one, effective 8 September 1995.

2.  The applicant was reassigned from a signal system maintenance technician position to an intermediate maintenance repair technician position effective 2 January 1996.  He was reassigned as a LCMS (Land Combat Missile System) technician effective 1 September 1997.  His MOS was changed to 912A effective 25 June 1998 and he completed the Phases 2, 3, and 4 of the WOBC effective 25 June 1998.

3.  On 18 September 1998, the NYARNG issued Orders Number 261-008, promoting the applicant to CW2, with an effective date of 25 June 1998.

4.  The applicant completed the Electronic Systems Maintenance WOAC on 14 March 2003.  He completed the course 4-9-C32-918D, Phases I and II, and was found qualified to serve as a Senior Warrant Officer in MOS 918D.

5.  On 15 October 2003, the applicant was transferred to another NYARNG unit to serve in PMOS 912A.

6.  On 16 January 2004, the applicant's PMOS of 912A0 was withdrawn and he was awarded PMOS 918D.

7.  The applicant completed the Signal Systems Support Technician WOBC on 13 July 2005.  On 13 July 2005, the applicant's PMOS of 918D was withdrawn and he was awarded PMOS 254A.

8.  The applicant completed the Signal Systems Support Technician WOAC on 27 June 2006.

9.  On 6 September 2006, the National Guard Bureau (NGB), issued Special Orders Number 229 AR and a promotion memorandum extending the applicant Federal Recognition in the rank of CW3 effective 27 June 2006.

10.  In an advisory opinion, dated 15 June 2007, the Chief, Personnel Division, Departments of the Army and the Air Force, NGB, reiterate the applicant's request and statements.  The NGB official stated that the applicant was initially appointed in the NYARNG effective 8 September 1995.  State Order Number 019-003 reflects that he was transferred from area of concentration 918B to 912A effective 2 June 1998.  On 20 May 1998, he completed the 912A course (phases 2&4).  He was awarded the MOS 912A on 25 June 1998, per State Order number 261-005.  He was promoted to CW2 on 25 June 1998.

11.  The NGB official also stated that on 14 March 2003, the applicant completed the Electronics System Maintenance WOAC (918D) and was transferred to a Signal Battalion on 15 October 2003.  On 16 January 2004, he was awarded MOS 918D, per State Order Number 016-1050.  The applicant completed the Signal Systems Support Technician WOBC on 13 July 2005 and was awarded the MOS 254A on the same date.  On 27 June 2006, he completed the WOAC and was promoted to CW3 on the same date.  National Guard Regulation 600-101, Chapter 7, states that warrant officers to be recertified in a new MOS, due to reorganization or inactivation, remain MOS qualified for promotion purposes for a period of one year from the effective date of the reorganization or inactivation, provided all education requirements are met in the old MOS.

12.  The NGB Personnel Division official recommended that the applicant's date of rank for CW3 be adjusted to 13 July 2005, due to the officer having completed the Signal Systems Support Technician WOBC and one year and six months service after he had been awarded the MOS.  The Chief, Personnel Division, also recommend that he receive all back pay and allowances.

13.  The advisory opinion was forwarded to the applicant for acknowledgement and/or rebuttal on 21 June 2007 and he concurred on 27 June 2007.  

14.  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 warrant officers in the ARNG is a function of the State The Adjutant General.  A warrant officer in the grade of CW2 must complete a minimum of 6 years time in grade for promotion to CW3.  Warrant officers may complete Reserve Component configured courses applicable to their current duty MOS in order to meet the military education promotion requirement.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was promoted to CW2 on 25 June 1998.  Based on the requirement for completion of 6 years time in grade for promotion to CW3, his promotion eligibility date was 25 June 2004; however, he could not be promoted on that date since he had not completed the required military education in the MOS in which he was recertified.  He completed the Signal Systems Support Technician WOBC on 13 July 2005 and this was the earliest date he was eligible to be promoted to CW3 in the MOS in which he was recertified.

2.  In view of the circumstances in this case, the applicant is entitled to an adjustment to his promotion effective and date of rank for CW3 to 13 July 2005, based on his completion of the time in grade and educational requirements.  

3.  Therefore, based on equity and the favorable support expressed by the NGB, Personnel Division, the applicant's promotion to CW3 should be corrected to 13 July 2005, with all appropriate adjustment to his pay and allowances.  Special Orders Number 229 AR, 6 September 2006, should be declared void and of no force or effect.  

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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x___  __x_  ___x __  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 partial relief.  As a result, the Board recommends that all State of New York Army National Guard and Department of the Army records of the individual concerned be corrected by:

	a.  voiding Special Orders Number 229 AR, dated 6 September 2006; and declaring them to be of no force or effect; and 

b.  promoting the applicant to the rank of chief warrant officer three, effective 13 July 2005, and granting him an extension of temporary Federal Recognition effective the same day, with entitlement to back pay and allowances.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adjusting his promotion effective date and date of rank for chief warrant officer three to 25 June 2004, with entitlement to back pay and allowances.




_____x______
          CHAIRPERSON



INDEX

CASE ID
AR20060017610
SUFFIX

RECON

DATE BOARDED
20080103
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
131.01
2.
131.05
3.

4.

5.

6.