RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 May 2008
DOCKET NUMBER: AR20070017326
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.
Director
Analyst
The following members, a quorum, were present:
M
Chairperson
M
Member
M
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 his promotion date to Chief Warrant Officer Four (CW4) be backdated to, in effect, 9 March 2007, the date he became eligible for promotion.
2. The applicant states he was promoted to CW4 on 10 July 2007 because the National Guard Bureau was slow in processing his promotion paperwork.
3. The applicant provides no additional evidence in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant is a CW4, aviator. On 9 March 2001, he was Federally recognized as a CW3. In April 2006, he was a CW3 when he was mobilized with his Arkansas Army National Guard (ARARNG) unit in support of Operation Iraqi Freedom.
2. On 9 March 2007, a Federal Recognition Examining Board (FREB) met to review the applicant's qualifications for federal recognition as a CW4. The board determined that he served in the grade of CW3 during the period 9 March 2001 through 9 March 2007. The Board noted that the applicant requested a waiver for military education requirements for completion of the Warrant Officer Staff Course. The Board concluded that based on the recommendation of the applicant's commander and his records that applicant be promoted to CW4 with the effective date of 10 July 2007.
3. The State then submitted, per regulatory requirements, documentation to the Chief, National Guard Bureau (NGB) for review and approval, including: State promotion order; NGB Form 89, Proceedings of a Federal Recognition Examining Board; a Promotion Recommendation Memorandum; physical and personnel qualifications of the Federal recognition candidate; and transfer orders verifying position vacancy, if applicable. The NGB then reviews and processes the promotion request for Federal recognition. The process may take no longer than 6 months.
4. On 3 August 2007, the NGB published Special Orders Number 187 AR granting the applicant Federal recognition as a CW4 with an effective date of 10 July 2007.
5. National Guard Regulation (NGR) 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 Adjutant General (TAG) of a state. A CW3 must complete a minimum of 6 years time-in-grade for promotion to CW4.
6. To be considered for Federal Recognition and concurrent Reserve of the Army promotion following State promotion to fill a unit vacancy, an ARNG warrant officer must be in an active status and duty MOS qualified; be medically fit in accordance with AR 40-501 and meet the height and weight standards prescribed in AR 600-9; have completed the minimum years of promotion service indicated in table 7-1, NGR 600-101; have completed the minimum military education requirements prescribed in table 7-2, NGR 600-101; have passed the Army Physical Fitness Test within six months from promotion effective date for AGR (Active Guard and Reserve) Soldiers and twelve months from promotion effective date for non-AGR Soldiers.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records were reviewed by an ARARNG Federal Recognition Board on 9 March 2007. At that time, the Federal Recognition Board approved an education waiver for completion of the Warrant Officer Staff Course and determined that he met the qualifications for promotion effective 10 July 2007.
2. Based on the recommendations of the ARARNG Federal Recognition Board, the National Guard Bureau issued orders awarding the applicant permanent Federal Recognition effective 10 July 2007 for promotion to CW4.
3. There is no evidence in the available records and the applicant has not submitted sufficient evidence showing that he met the qualifications for promotion to CW4 on 9 March 2007 or that the effective date of promotion as determined by the ARARNG Federal Recognition Board was in error.
4. Absent evidence to show error or injustice, there is no basis to grant the applicant's request for amendment of date of promotion to the rank of CW4.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__xxx___ __xxx___ __xxx___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
XXX
______________________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070017326
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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