RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 January 2008
	DOCKET NUMBER:  AR20070011789 


	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. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Mr. James E. Vick

Chairperson

Mr. Thomas M. Ray

Member

Mr. Jeffrey C. Redmann

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 date of rank on his National Guard Federal Recognition order (promotion) be adjusted to show he was promoted to the rank of chief warrant officer three (CW3) effective 15 June 2005, with entitlement to back pay and allowances.

2.  The applicant states that his chain of command submitted his promotion packet for promotion from chief warrant officer two (CW2) to CW3 through the Joint Forces Headquarters, Puerto Rico Army National Guard (PRARNG) in February 2005, which favorably approved his promotion to CW3 and issued a promotion order on 21 June 2005.  On 15 July 2005, the PRARNG forwarded his Federal Recognition Proceedings and supporting documents to the National Guard Bureau.  In August 2005, he initiated an Inter-state transfer to the Florida Army National Guard (FLARNG) due to an impending job related transfer to another duty office located in Florida with the same agency he worked with before.  In September 2005, he checked his status in the ARNG Federal Recognition Packet Status web site and noticed his promotion package was still in initial review status.  He formally inquired with the finance specialists, solicited help from the FLARNG, and filed an informal complaint with the PRARNG Office of the Inspector General, but did not receive satisfactory resolution to his Federal Recognition status.  He was told that his Intra-state transfer was the leading cause for the delay in his Federal recognition.  However, the applicant insists that the PRARNG promotion section’s lack of concern, negligence, and gross disregard for duty, as the reason for this delay.  His promotion packet was considered a second time, this time by the FLARNG, and was favorably approved.  On 8 August 2006, the FLARNG issued a second promotion order and forwarded his packet to the National Guard Bureau.  On 17 August 2006, the National Guard Bureau granted Federal Recognition and promoted him to CW3 effective 1 June 2006.  He concludes that if the PRARNG submitted the promotion transaction in a timely manner in July or August 2005, the Inter-state transfer would not have affected the promotion in any way.  This process to promote him to CW3 took an undue and unnecessary time.  With proper handling, diligence, and concern, he should have been promoted to CW3 with an effective date of 15 June 2005. 

3.  The applicant provided the following additional documentary evidence in support of his application:

	a.  Memorandum, dated 10 March 2005, PRARNG Recommendation for Promotion of Officer.

	b.  Memorandum, dated 17 May 2005, Joint Forces Headquarters, PRARNG, Recommendation for Promotion of Officer. 

	c.  Memorandum, dated 15 June 2005, PRARNG President of the Federal Recognition Board Recommendation for Promotion of Officer.

	d.  Memorandum, dated 15 June 2005, Senior Army Advisor Guard (SRAAG), Puerto Rico, Recommendation of Promotion.

	e.  Joint Forces Headquarters, PRARNG, Orders 117-3, Promotion Order to CW3, effective 15 June 2005.

	f.  Memorandum, dated 12 July 2005, Deputy Chief of Staff for Personnel, Joint Forces Headquarters, PRARNG, Recommendation for Promotion of Officer. 

	g.  Memorandum, dated 14 July 2005, Joint Forces Headquarters, PRARNG, Request for Federal Recognition.

	h.  National Guard Bureau (NGB) Form 89 (Proceedings of a Federal Recognitions Examining Board), dated 15 June 2005.

	i.  Memorandum, dated 8 May 2005, Conditional Release, Inter-state Transfer.

	j.  National Guard Bureau (NGB) Federal Recognition Orders Number 291 AR, dated 6 October 2005, Inter-State Transfer.

	k.  Department of the Army and the Air Force, FLARNG, Orders 220-006, dated 8 August 2006, Promotion to CW3, effective 1 June 2006.

	l.  National Guard Bureau (NGB) Federal Recognition Orders Number 210 AR, dated 17 August 2006, Promotion to CW3, effective 1 June 2006.

	m.  Self-authored memorandum, dated 4 August 2007, requesting adjustment of the date of rank from 1 June 2006 to 15 June 2005.

	n.  Self-authored memorandum, dated 6 August 2007, chronological sequence of events. 

	o.  Miscellaneous electronic mail (email) exchange between the applicant and supporting activities to include personnel officers, friends, finance specialists, office of the Inspector General, and several others.
CONSIDERATION OF EVIDENCE:

1.  With prior enlisted service, the applicant was appointed in the PRARNG on 19 November 1991 in the rank of warrant officer one (WO1).  He was assigned as a UH-1 pilot to the 1st battalion, 192nd Aviation Regiment, PRARNG.  He was subsequently promoted to CW2 on 6 August 1997 and was assigned to the 1st Battalion, 185th Aviation. 

2.  On 10 March 2005, by memorandum, the applicant's immediate commander recommended him for promotion to CW3.  The immediate commander indicated that the applicant met the height and weight standards and passed his Army Physical Fitness Test (APFT) in September 2004.

3.  On 8 May 2005, the Deputy Chief of Staff for Personnel, Joint Forces Headquarters, PRARNG, authorized the applicant a conditional release to affect an interstate transfer within the Army National Guard. 

4.  On 17 May 2005, by memorandum addressed to the President, Federal Recognition Board, PRARNG, the Deputy Chief of Staff for Personnel, Joint Forces Headquarters, PRARNG, concurred with the immediate commander's recommendation and requested the applicant's records be examined to determine his qualifications for Federal Recognition in the higher grade.

5.  On 15 June 2005, a Federal Recognition Board was held by the PRARNG 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.  The Senior Army Advisor Guard, PRARNG, approved the Federal Recognition in accordance with chapter 9 of Army National Guard Regulation (NGR) 600-101 (Warrant Officer-Federal Recognition and Related Personnel Actions 

6.  On 15 June 2005, by memorandum addressed to the Adjutant General's Office, PRARNG, the President, Federal Recognition Board, PRARNG, stated that the examination of the applicant's records was completed with the results stated in the Proceedings of the Board.  

7.  On 21 June 2005, Joint Forces Headquarters, PRARNG, published Orders 117-3 promoting the applicant to CW3, effective 15 June 2005, in accordance with chapter 7 of National Guard Regulation 600-101.  The Orders remarked that the applicant would not be paid as a CW3 until Federal Recognition was issued.

8.  On 14 July 2005, by memorandum addressed to the National Guard Bureau, Arlington, Virginia, the Adjutant General, PRARNG, approved the applicant's recommendation for promotion and requested Federal Recognition be granted. 

9.  On 6 October 2005, the National Guard Bureau published Special Orders 291 AR granting the applicant Federal Recognition for the purpose of an interstate transfer from the 185th Aviation Regiment, PRARNG, to the 111th Aviation Regiment, FLRARNG, effective 22 August 2005, the date the applicant was assigned to the FLARNG.

10.  On 8 August 2006, a second Federal Recognition Board was held by the FLARNG 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.  On 8 August 2006, the Department of the Army and Air Force, FLARNG, published Orders 220-006 promoting the applicant to CW3, effective 1 June 2006, in accordance with chapter 7 of National Guard Regulation 600-101.  The Orders remarked that the effective date of promotion cited would be adjusted to be concurrent with the effective date Federal Recognition was granted and that the applicant would not be paid as a CW3 until Federal Recognition was issued.

12.  On 17 August 2006, the National Guard Bureau published Special Orders 210 AR granting the applicant Federal Recognition for the purpose of promotion to CW3, effective 1 June 2006. 

13.  The applicant submitted copies of email exchange with various personnel and offices in an attempt to resolve his initial Federal Recognition status.

14.  In an advisory opinion obtained in the processing of this case on 14 November 2007, the Chief, Personnel Division, National Guard Bureau, Arlington, Virginia, recommended the applicant's effective date and date of rank be adjusted from 1 June 2006 to 15 June 2005 due to the PRARNG approved his Federal Recognition for promotion.  Also the Adjutant General approved the publication of promotion orders effective 15 June 2005.  Furthermore, the Chief recommended the applicant receive all back pay and allowances as a result of this adjustment.

15.  On 16 November 2007, the applicant was provided with a copy of the advisory opinion.  He concurred on 30 November 2007.

16.  Warrant officers of the ARNG are appointed and promoted by the States under Article 1, Section 8 of the U.S. Constitution.  In order for a warrant officer to be concurrently appointed, promoted, or receive an MOS-redesignation as a Reserve warrant officer of the Army, the State action must be federally recognized.  Federal recognition action is the acknowledgement by the Federal government that an officer appointed, promoted, or redseignated to an authorized grade and position vacancy in the ARNG meets the prescribed laws and regulations.

17.  National Guard Regulation 600-101 (Warrant Officers-Federal Recognition and Related Personnel Actions) provides procedures for processing all applications for Federal Recognition.  Paragraph 2-2, NGR 100-101, states that the appointment of warrant officers is a function of the State concerned.  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. 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.  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 a Federal Recognition Board, promotion may be effected on the date the promotion requirements are met. 

18.  Chapter 7-1, NGR 600-101, prescribes the policies and procedures for Federal Recognition and promotion of warrant officers in the ARNG.  This regulation specifies that the promotion authority for all ARNG officers is the State Adjutant general.  All warrant officers recommended for promotion must be fully qualified.  In addition, warrant officers in the grade of CW2 to CW5 must be qualified in and possess certain Additional Sill Identifier (ASI) and/or Skill Qualification Identifier (SQI); on an active status and duty MOS qualified; medically fit and meet the height and weight standards; have completed the minimum years of promotion service to attain eligibility for promotion and receive Federal Recognition in the higher grade (promotion to CW3 requires completion of 6 years in the lower grade); have completed the minimum military education, and have passed the APFT within the time frame prescribed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his date of rank on his National Guard Federal Recognition promotion order to CW3 from 1 June 2006 to 15 June 2005, with entitlement to back pay and allowances.
2.  Evidence of record shows that while assigned to the PRARNG, the applicant met the requirements for promotion to CW3 and was recommended for promotion by his chain of command and the Adjutant General.  However, it appears that an administrative error resulting from his interstate transfer denied the applicant timely processing of Federal Recognition for promotion to CW3.

3.  In view of the circumstances in this case and based on equity and the favorable support expressed by the NGB, Personnel Division, the applicant is entitled to an adjustment to his promotion effective date and date of rank for CW3 to 15 June 2005 with all appropriate adjustment to his pay and allowances. 

BOARD VOTE:

__jev___  __tmr___  __jcr___  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 Department of the Army records of the individual concerned be corrected by:

	a.  voiding Special Orders Number 210 AR, dated 17 August 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 15 June 2005, and granting him a Federal Recognition effective the same day, with entitlement to back pay and allowances.




							James E. Vick
______________________
          CHAIRPERSON



INDEX

CASE ID
AR
SUFFIX

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

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.