RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  31 January 2008
	DOCKET NUMBER:  AR20070010157 


	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. Dean L. Turnbull

Analyst


The following members, a quorum, were present:


Mr. John Infante

Chairperson

Mr. Eric N. Anderson

Member

Mr. David K. Haasenritter

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 correction to his records to adjust his chief warrant officer four (CW4) date of rank from 15 February 2007 to 1 October 2006.

2.  The applicant states, in effect, that after returning from deployment in support of Operation Iraqi Freedom (OIF) 05-07 and completion of the Warrant Officer Staff Course (WOSC) he was promoted to CW4 on 15 February 2007.  However, he was eligible for promotion to CW4 and was scheduled to attend the WOSC before he was deployed to OIF 05-07.  The WOSC was cancelled prior to deployment by the order of the Brigade Commander in order to assist in the mobilization and aviation training of the unit's pilots; therefore, his promotion was delayed.  He should not be penalized due to the inability to complete the educational requirement for promotion because he was serving in a combat zone.

3.  The applicant provides a copy of an Army Training Requirements and Resources System (ATTRS) course cancellation verification dated 21 June  
2005; ATTRS student reservation printout; Boone National Guard Center Orders 234-157 dated 22 August 2005; Statement of Service dated 5 August 2006; Boone National Guard Center Orders 348-051 dated 14 December 2006; National Guard Bureau (NGB) Special Orders Number 76 AR dated 30 March 2007; and DA Form 1059 (Service School Academic Evaluation Report) dated
2 February 2007.

CONSIDERATION OF EVIDENCE:

1.  On 27 February 2002, a Federal Recognition Board was held by the Kentucky Army National Guard (KYARNG) to determine if the applicant was qualified to be awarded Federal Recognition.  The proceedings indicated that the applicant was satisfactory in his physical qualifications, moral character, and general qualifications.

2.  On 22 August 2002, the State of Kentucky Department of Military Affairs, Office of the Adjutant General, issued Orders 234-801 for appointment of the applicant as a chief warrant officer three (CW3) effective 24 July 2002.

3.  The applicant accepted an appointment as a CW3 in the KYARNG on 24 July 2002.

4.  On 24 July 2002, the applicant executed an Oaths of Office as a CW3 in the KYARNG and was granted temporary Federal Recognition.

5.  A DA Form 1059 shows that the applicant attended and completed the  
UH-60 Instructor Pilot course 04-003 on 2 March 2004.

6.  The ATRRS student reservation printout shows that the applicant was scheduled to attend the WOSC on 10 July 2005.  On 21 June 2005, the applicant was notified by the NGB of his training seat cancellation to attend the WOSC due to the mobilization of his unit.

7.  The Boone National Guard Center Orders 234-157 dated 22 August  
2005 shows that the applicant was ordered to active duty in support of Operation Iraqi Freedom for 545 days.  

8.  On 2 December 2006, the applicant was honorably released from active duty and transferred to Company E, 135th Aviation, Frankfort, Kentucky of the KYARNG.

9.  A DA Form 1059 shows that the applicant attended and completed  
WOSC 07-04 on 2 February 2007.

10.  On 15 February 2007, the proceedings of a Federal Recognition Examining Board was held by the KYARNG to determine if the applicant was qualified to be awarded Federal Recognition.  The proceedings indicated that the applicant was satisfactory in his physical qualifications, moral character, and general qualifications.

11.  NGB Special Orders Number 76 AR dated 30 March 2007, awarded the extension of Federal Recognition for permanent appointment in the Army National Guard in the rank of CW4, effective 15 February 2007.

12.  In the processing of this case, an advisory opinion, dated 14 December 2007, was obtained from the NGB.  The NGB recommends approval of the applicant's request to adjust his promotion effective date and date of rank to
1 October 2006 based on the applicant having been enrolled in the WOSC and having been removed from the course list due to mobilization in support of OIF.  The applicant had met the time-in-grade and time-in-service requirements for promotion on 1 October 2006 and he was recommended for promotion by his Battalion and Brigade Commanders.  The NGB recommends that the applicant receive all back pay and allowances.

13.  On 18 December 2007, a copy of the advisory opinion was forwarded to the applicant for comment and/or rebuttal.  On 28 December 2007, the applicant concurred with the advisory opinion.
14.  National Guard Regulation 600-101, Paragraph 7-2d and table 7-2, in effect then and now, provides that all warrant officers recommended for promotion must be fully qualified.  In addition, warrant officers in the grade of CW2 to CW5 must also possess those additional requirements of Army Pamphlet 611-21 or other document(s), which stipulate a requirement to be qualified in an SQI. Furthermore, the minimum military educational and time-in-grade requirement for promotion to CW4 is WOSC and 4 years time-in-grade as a CW3.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was scheduled to attend WOSC on  
10 July 2005 and had met all the requirements for promotion to CW4.  However, prior to attending the WOSC, the applicant received notification from the NGB that his training seat was cancelled due to mobilization of his unit.  Through no fault of the applicant he was not able to attend the WOSC and therefore, he was not promoted until after he returned from OIF and completed the WOSC on
2 February 2007.

2.  In view of the forgoing, and in the interest of equity, it is clear that the applicant should not be held responsible for not completing the educational requirement for promotion to CW4.

3.  As such, the applicant's ARNG and Department of the Army records should be corrected by amending NGB Special Orders Number 76 AR dated 30 March 2007 to show the effective date of permanent Federal Recognition in the rank of CW4 as 1 October 2006.

BOARD VOTE:

__JI        _  __ENA__  __DKH__  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 the state Army National Guard records and the Department of the Army records of the individual concerned be corrected, as appropriate, by amending NGB Special Order Numbers 76 AR dated 30 March 2007 to show the effective date of permanent Federal Recognition in the rank of CW4 as 1 October 2006.

2.  Additionally, Defense Finance and Accounting Office should audit the applicant's pay records and provide the applicant all pay and allowances due him based on the above corrections.




____John Infante    _____
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON

DATE BOARDED
20080131
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.