RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	10 January 2008 
	DOCKET NUMBER:  AR20070008746 


	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

Ms. Judy Blanchard

Analyst


The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. Jerome L. Pionk

Member

Mr. Donald Steenfott

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, promotion to chief warrant officer (CW2) with a promotion effective date and date of rank of 12 November 2006.

2.  The applicant states, in effect, that he was not promoted to CW2 on time due to no fault of his own.  He and six other warrant officers graduated from the Warrant Officer Candidate Course and were appointed on 12 November 2004.  After completing the Warrant Officer Basic Course (WOBC), and other requirements, they were eligible for promotion to CW2 on 12 November 2006.  Because the Federal Recognition Examining Board (FREB) for their state was not conducted when scheduled their promotions were delayed 1 month and 
1 day even though they submitted their documents on time.  The applicant is now requesting that his date of rank be changed from 13 December 2006 to 12 November 2006.

3.  The applicant further states that after being advised by the Officer Personnel Management Section that a promotion board was going to be held on 25 October 2006, he submitted his promotion packet.  The board was rescheduled for 8 November 2006.  The Senior Army Advisor held the board on the 8th, but did not take action on his packet.  The Senior Army Advisor did not schedule another board until 13 December 2006.  He was told not to worry because National Guard Regulation 600-101 allowed for back dating promotions up to 90 days.  A request to the Senior Army Advisor for the board to be held sooner was denied.  On 13 December 2006, all promotion packets went before the board and were approved for promotion.  Upon release of the board, he learned that an update of National Guard Regulation 600-101 had been released on 26 October 2006 (effective 1 October 2006), which removed the clause that allowed for the back-dating of warrant officer promotions.  It is his assertion that problems do arise where the Senior Army Advisor cannot hold boards in a timely manner and that individual Soldiers are made to pay for problems that they had no control over.  When problems are not the fault of the Soldier, it is the responsibility of the leadership to identify and correct these injustices.   

4.  The applicant provides copies of his January 2005 appointment orders, his Service School Academic Evaluation Report (DA Form 1059), and his December 2006 promotion orders, in support of his request. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was appointed in the California Army National Guard, as a warrant officer one (WO1), effective 12 November 2004, with prior enlisted service.  He completed the Military Personnel Technician WOBC on 16 August 2005.  

2.  On 13 December 2006, a Federal Recognition Examining Board (FREB) found the applicant qualified for promotion to CW2, with an effective date of no earlier than 13 December 2006.

3.  The applicant was promoted to CW2 with an effective date and date of rank of 13 December 2006.  

4.  On 21 December 2006, the National Guard Bureau published Special Orders Number 322 AR, extending him Federal Recognition in the grade of CW2 with an effective date of 13 December 2006.

5.  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 Army National Guard is a function of the state The Adjutant General (TAG).  A WO1 must complete a minimum of 2 years time in grade for promotion to CW2.  

6.  National Guard Regulation 600-101 also specifies that these appointments and promotions must be federally recognized.  Warrant officers may be examined for promotion not earlier than 3 months in advance of completing the prescribed promotion requirements so that, if recommended by an FREB, promotion may be effected on the date the promotion requirements are met.  FREBs convening to examine promotion of warrant officers who have passed their promotion eligibility date, may, if so recommended and determined fully qualified on their promotion eligibility date, consider granting temporary federal recognition retroactive to that date, but not earlier than 90 days from the date of the FREB.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was appointed as a WO1 with a date of rank of 12 November 2004 and based on the requirement for completion of 2 years time in grade for promotion to CW2; the applicant was eligible for promotion on 12 November 2006.  The FREB held on 13 December 2006 approved the applicant's promotion to CW2 with an effective date of no earlier than 13 December 2006.  Through no fault of the applicant, his promotion was delayed.  It is concluded that an administrative error denied the applicant a timely promotion to CW2.

2.  Based on applicable laws and regulations, the applicant met the requirements and is entitled to promotion to CW2 and extension of temporary Federal Recognition effective 12 November 2006, with entitlement to back pay and allowances.  Therefore, he is entitled to correction of his records to show he was promoted to CW2 in the California Army National Guard, effective 12 November 2006, with all appropriate adjustment of pay and allowances.  The Special Orders Number 322 AR, dated 21 December 2006, should be amended to show the effective date of permanent Federal Recognition in the grade of CW2 is 
12 November 2006.  

3.  In view of the foregoing, and insofar as the Department of the Army is concerned, the applicant’s records should be corrected as recommended below.

BOARD VOTE:

___JP___  ___WDP_  __DWS_  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 State of California Army National Guard and Department of the Army records of the individual concerned be corrected by amending Federal Recognition Order Number 322 AR, dated 21 December 2006, to show the effective date of permanent Federal Recognition in the grade of CW2 as 12 November 2006. 



_____William D. Powers____
          CHAIRPERSON



INDEX

CASE ID
AR20070008746
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080110
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
102.0700
2.

3.

4.

5.

6.