IN THE CASE OF:	  

	BOARD DATE:	  17 JUNE 2008

	DOCKET NUMBER:  AR20080000411 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his date of rank to Chief Warrant Officer Two (CW2) be adjusted from 26 September 2007 to 3 February 2007.

2.  The applicant states, in effect, that his date of rank should be adjusted based on Memorandum 307-003, which states that all officers who has passed their  
24 months requirement and are enrolled in the Flight School XXI/Officer Basic Course/Officer Basic Leadership Course would be promoted on the effective date of the Department of the Military Policy Memorandum.  He states that he is a graduate of the Warrant Officer Candidate School and was appointed Warrant Officer One (WO1) on 3 February 2005.

3.  The applicant provides a copy of his Diploma from the United States Army Warrant Officer Career Center; DA Form 1059 (Service School Academic Evaluation Report); National Guard Bureau (NGB) Special Orders Number
240 AR dated 4 October 2007; NGB Special Orders Number 210 AR dated 
30 August 2007; NGB Memorandum dated 23 January 2007; and two memoranda from the Office of the Deputy Chief of Staff, G-I dated 14 January 2005 and 22 December 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military personnel record shows he enlisted in the U.S. Army Reserve as an enlisted Soldier on 7 January 2002.  He served continuously as a reservist until he achieved the rank of sergeant.

2.  On 3 December 2004, he entered active duty to attend the Warrant Officer Candidate School.  The Diploma from United States Army Warrant Officer Career Center shows he graduated on 3 February 2005.  

3.  He was appointed as a Reserve Warrant Officer of the Army, effective  
3 February 2005.  On 16 March 2006, he was transferred from the U.S. Army Reserve to the Pennsylvania Army National Guard.

4.  On 1 May 2006, he entered active duty to attend the Aviation Warrant Officer Basic Course.  A DA Form 1059 shows that the applicant attended and completed the Aviation Warrant Officer Basic Class 2007-16 on 14 June 2007.

5.  NGB Special Orders Number 240 AR dated 4 October 2007 awarded the applicant extension of Federal Recognition for permanent appointment in the Army National Guard in the rank of CW2, effective 26 September 2007.

6.  In the processing of this case, an advisory opinion was obtained from the NGB dated 4 April 2008.  The NGB recommends that the applicant's promotion date of rank should be adjusted from 26 September 2007 to 3 February 2007 and that he receive all back pay and allowances.  The recommendation was based on National Guard Regulation (NGR) 600-101 promotion guidance, MILPO messages for required time-in-grade for promotion, and the applicant's supporting documentation.

7.  NGB states that NGR 600-101, chapter 7, paragraph 7-2a, states that promotions would be based on DA proponent duty MOS certification via satisfactory completion or constructive credit of appropriate level of military education, time-in-grade, demonstrated technical and tactical competence, and potential for service in the next higher grade as determined by a Federal Recognition Board.

8.  NGB mirrored the memorandum from the Office of the Deputy Chief of Staff, G-1 dated 14 January 2005 by stating "all reserve component (RC) officers (United States Army Reserve and National Guard of the United States) in the rank of 2LT will be promoted by the Human Resources Command (HRC) – Office of Promotions (Reserve Components) or National Guard Bureau, as appropriate, to 1LT when they meet the 24 months time-in-grade requirement for promotion and complete the Officer Basic Course.  This would also apply to WO1, which will be promoted to CW2 when they meet the time-in-grade requirements
(24 months) for promotion, and complete the Warrant Officer Basic Course.  In the case of Army National Guard officers, the State will publish a State promotion 

orders and forward it to NGB-ARP no earlier than 90 days prior to the officer meeting the minimum time-in-grade requirement provided the officer has completed the Officer/ Warrant Officer Basic Course and is otherwise eligible for promotion."

9.  On 9 April 2008, a copy of the advisory opinion was forwarded to the applicant for comment and/or rebuttal.  On 10 April 2008, the applicant concurred with the advisory opinion.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his date of rank to CW2 be adjusted from  
26 September 2007 to 3 February 2007.

2.  Based on the evidence stated in the memorandum from the Office of the Deputy Chief of Staff, G-1 dated 14 January 2005 and NGR 600-101, the applicant met the time-in-grade requirement of 24 months.  However, notwithstanding the advisory opinion, the applicant did not complete the Aviation Warrant Officer Basic Class until 14 June 2007.  Therefore, the earliest date he was eligible for promotion to CW2 would be 14 June 2007.

3.  As such, the applicant's Army National Guard and Department of the Army records should be corrected by amending NGB Special Orders Number 240 AR dated 4 October 2007 to show the effective date of permanent Federal Recognition in the rank of CW2 as 14 June 2007.

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 the state Army National Guard records and the Department of the Army records of the individual concerned be corrected by amending NGB Special Orders Number 240 AR dated 4 October 2007 to show the effective date of permanent Federal Recognition in the rank of CW2 as 14 June 2007.

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 effective date of rank as
3 February 2007.

3.  Additionally, the Defense Finance and Accounting Service (DFAS) should audit the applicant's pay records and provide the applicant all pay and allowances due him based on the above corrections.



      ___________X____________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080000411



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ABCMR Record of Proceedings (cont)                                         AR20080000411



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