IN THE CASE OF:	  

	BOARD DATE:	  24 June 2008

	DOCKET NUMBER:  AR20080000791 


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 correction of the date of his initial appointment and date of rank to warrant officer one (WO1) from 31 July 2007 to 8 August 2006. 

2.  The applicant states, in effect, that due to an administrative error, Special Orders extending permanent Federal recognition orders were not published by the National Guard Bureau (NGB) prior to the expiration of temporary Federal Recognition as a WO1 in the Montana Army National Guard (MTARNG).  

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

	a.  NGB Form 89 (Proceedings of a Federal Recognition Examining Board), dated 7 May 2006.

	b.  Applicant's Oaths of Office, dated 8 August 2006.

	c.  Joint Forces Headquarters, Office of the Adjutant General, MTARNG, Orders 213-004, dated 1 August 2006, Honorable Discharge from the ARNG, in the grade of rank of sergeant (SGT).

	d.  Joint Forces Headquarters, Office of the Adjutant General, MTARNG, Orders 213-005, dated 1 August 2006, Appointment in the MTARNG, in the grade of WO1.

	e.  Diploma, dated 8 August 2006, Honor Graduate of the Warrant Officer Candidate School.

	f.  Statement of Understanding for Appointment as a Warrant Officer

	g.  Information Paper, dated 11 December 2007, Initial Appointment as a Warrant Officer.

	h.  National Guard Bureau (NGB) Special Orders Number 303 AR, dated
3 December 2007, extending Federal recognition for the purpose of initial appointment as a WO1.

CONSIDERATION OF EVIDENCE:

1.  With prior enlisted service in the MTARNG, the applicant’s records show that he applied for appointment as an aviation warrant officer of the MTARNG.  

2.  On 7 May 2006, a Federal Recognition Board was held by the MTARNG 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.  

3.  On 1 August 2006, Joint Forces Headquarters, Office of the Adjutant General, MTARNG, published Orders 213-004, honorably discharging the applicant as an enlisted member, effective 7 August 2008, for the purpose of accepting appointment as a WO1 in the MTARNG.

4.  On 1 August 2006, Joint Forces Headquarters, Office of the Adjutant General, MTARNG, published Orders 213-005, appointing the applicant as a WO1 in the MTARNG, effective 8 August 2006.

5.  On 8 August 2006, the applicant completed the Aviation Warrant Officer Basic Course.

6.  On 8 August 2006, the applicant executed an Oaths of Office as a WO1 in the MTARNG and was granted temporary Federal Recognition.

7.  There is no evidence that the applicant received permanent Federal recognition as a WO1 from the National Guard Bureau within the six month period required by National Guard/Army regulations.  As a result his temporary Federal recognition expired.

8.  On 31 July 2007, a second Federal Recognition Board was held by the MTARNG 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.  

9.  On 31 July 2007, the applicant executed a second Oaths of Office as a WO1 in the MTARNG and was granted temporary Federal recognition.

10.  For the second time, the applicant did not receive permanent Federal recognition as a WO1 from the National Guard Bureau within the six month period required by National Guard/Army regulations.  As a result his temporary Federal recognition expired.

11.  National Guard Bureau Federal Special Orders Number 303 AR, dated
3 December 2007, awarded the applicant permanent Federal recognition for initial appointment to the grade of WO1, effective 31 July 2007.

12.  An advisory opinion was obtained on 17 April 2008 in the processing of this case.  The Chief of Personnel Division, National Guard Bureau, recommended approval of the applicant’s request to adjust his promotion effective date and date of rank from 31 July 2007 to 8 August 2006.  The Chief also recommended the applicant be promoted to chief warrant officer two (CW2) effective 8 August 2008 based on National Guard Regulation (NGR) 600-101.  

13.  The applicant was furnished a copy of this advisory opinion on 27 April 2008. He concurred on 3 June 2008.

14.  National Guard Regulation 600-101 (Warrant Officer - Federal Recognition and Related Personnel Actions) provides procedures for processing applications for Federal recognition.  Paragraph 2-1 states that warrant officers of the ARNG are appointed by the several States under Article 1, Section 8 of the U.S. Constitution.  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.  Warrant 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.

15.  National Guard Regulation 600-101, paragraph 2-3, states that temporary Federal recognition may be extended to an officer who has been appointed in the ARNG of a State and found to be qualified by a Federal recognition examining board pending final determination of eligibility and appointment as a warrant officer of the Army.  If not sooner withdrawn or replaced by the granting of permanent Federal recognition, temporary Federal recognition will automatically terminate 6 months after the effective date of State appointment.  However, should the initial period of temporary Federal recognition expire, due to administrative processing delays, through no fault of the member, a subsequent Federal recognition examining board should be convened to consider the request again and grant another new period of temporary Federal recognition, if warranted.  Paragraph 2-4b states that the effective date of Federal recognition is the date on which the officer executes the Oaths of Office.

16.  National Guard Regulation 600-101, paragraph 9-15b, states that temporary Federal recognition may be granted by a Federal Recognition Board to those eligible when the board finds that the member has successfully passed the examination prescribed herein, has subscribed to the oaths of office, and has been appointed by a State order for assignment to a position vacancy in a federally recognized unit of the ARNG.  The Federal Recognition Board will forward the NGB Form 89 and allied documents to The Adjutant General.  When the member is favorably recommended, The Adjutant General will endorse the packet to the NGB.  If the member meets the qualifications and requirements for Federal recognition, the Chief, NGB, extends permanent Federal recognition to the member in the grade and branch in which the member is qualified.

17.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers, Other Than General Officers), paragraph 2-1, states, in pertinent part, that an officer in the grade of warrant officer one will be considered for promotion without review by a selection board.  The officer's records will be screened to determine eligibility for promotion to the next higher grade far enough in advance to permit promotion on the date the promotion service is completed in compliance with table 2-1 or table 2-3 of this regulation.

18.  Table 2-3 (Warrant Officer Time in Grade and Military Education Requirements) of Army Regulation 135-155 shows that the minimum time in grade as a warrant officer one for promotion to chief warrant officer two is
2 years.  Table 2-3 also shows, in pertinent part, that warrant officers must complete a warrant officer basic course to be eligible for promotion to CW2.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was granted temporary Federal recognition effective 8 August 2006 upon his initial appointment in the MTARNG as a WO1.  At that time, his Federal recognition packet and allied 
documents should have been forwarded to the Adjutant General of the State of 
Montana for endorsement to the National Guard Bureau for extension of permanent Federal recognition.  Through no fault of the applicant, this action was not taken.  

2.  Subsequently, the applicant's Federal recognition packet was considered by a second MTARNG Federal Recognition Board on 17 July 2007.  Based on the recommendations of the second MTARNG Federal Recognition Board, the National Guard Bureau issued orders extending the applicant permanent Federal recognition in the grade of WO1 effective 17 July 2007.

3.  From the foregoing, it is clear that an administrative error denied the applicant Federal recognition effective 8 August 2006.   Therefore, based on applicable law and regulation, the applicant is entitled to have Federal Recognition Order Number 303 AR amended to show the effective date of permanent Federal recognition in the grade of WO1 as 8 August 2006 and to receive back pay and allowances as a result of this correction.

BOARD VOTE:

__xxx___  __xxx___  __xxx___  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 amending NGB Special Order Number 303 AR, dated 3 December 2007 to show that he was extended Federal recognition effective 8 August 2006 and restoration of back pay and allowances as a result of this correction.


								XXX
      _______________________
      	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)                                         AR20080000791



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ABCMR Record of Proceedings (cont)                                         AR20080000791



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