IN THE CASE OF:	  

	BOARD DATE:	  29 May 2008

	DOCKET NUMBER:  AR20080002588 


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 adjustment of his initial appointment date to warrant officer one (WO1) in the Vermont Army National Guard (VTARNG), from 10 January 2008 to 16 May 2006.

2.  The applicant states that he was appointed in the VTARNG on 10 January 2006 and subsequently attended the Aviation Warrant Officer Basic Course; however, due to an administrative error, he was not extended permanent Federal recognition for his initial appointment until 10 January 2008.

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

	a.  National Guard Bureau (NGB) Form 89 (Proceedings of a Federal Recognitions Examining Board), dated 7 April 2006 and 10 January 2008.

	b.  DA Form 1059 (Service School Academic Evaluation Report), dated 3 October 2007.

	c.  Applicant's Oaths of Office, dated 16 May 2006 and 10 January 2008.

	d.  National Guard Bureau (NGB) Federal Recognition Special Orders Number 14 AR, dated 22 January 2008, initial appointment.



CONSIDERATION OF EVIDENCE:

1.  On 7 April 2006, a Federal Recognition Board was held by the VTARNG 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 16 May 2006, the applicant accepted an appointment as a WO1 in the VTARNG and executed an oath of office on the same date.  He was granted temporary Federal recognition

3.  On 17 May 2006, the Adjutant's General Office of the VTARNG, Colchester, Vermont, issued Order Number 136-100, appointing the applicant as WO1 in the VTARNG, effective 16 May 2006.

4.  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.

5.  On 3 October 2007, the applicant completed the Aviation Warrant Officer Basic Course.

6.  On 10 January 2008, a second Federal Recognition Board was held by the VTARNG 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.  

7.  On 10 January 2008, the applicant executed a second Oath of Office as a WO1 in the VTARNG and was granted temporary Federal recognition.

8.  On 22 January 2008, National Guard Bureau Federal Recognition Orders Number 14 AR, awarded the applicant permanent Federal recognition for initial appointment to the grade of WO1, effective 10 January 2008.

9.  An advisory opinion was obtained in the processing of this case on 2 May 2008.  The Chief of Personnel Division, National Guard Bureau, recommended approval of the applicant's request to adjust his initial appointment date from 10 January 2008 to 16 May 2006.  Furthermore, the chief recommended the applicant be promoted to CW2 effective 16 May 2008 and that he receives all back pay and allowances as a result of this adjustment. 

10.  A copy of the advisory opinion was furnished to the applicant on 2 May 2008. He concurred on 22 May 2008. 

11.  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.

12.  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 Oath of Office.

13.  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 oath 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.


14.  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.

15.  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 16 May 2006 upon his initial appointment in the VTARNG 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 Vermont for endorsement to the National Guard Bureau for extension of permanent Federal recognition.  Through no fault of the applicant, this action was not accomplished.

2.  Subsequently, the applicant's Federal Recognition packet was considered by a second VTARNG Federal Recognition Board on 10 January 2008.  Based on the recommendations of the second VTARNG Federal Recognition Board, the National Guard Bureau issued orders awarding the applicant permanent Federal recognition effective 10 January 2008.

3.  From the foregoing, it is clear that an administrative error denied the applicant Federal recognition effective 16 May 2006.   Therefore, based on applicable law and regulation, the applicant is entitled to have Federal Recognition Order Number 14 AR amended to show the effective date of permanent Federal recognition in the grade of WO1 as 16 May 2006 and to receive back pay and allowances as a result of this correction.

4.  In view of the foregoing and based on the 16 May 2006 effective date for WO1, the applicant was eligible for promotion to CW2 on 16 May 2008.  He met the military educational requirement (i.e., completion of the Aviation Warrant Officer Basic Course) for promotion to CW2 prior 16 May 2008.  Therefore, the applicant is entitled to correction of his records to show he was promoted to CW2 and awarded permanent Federal recognition for promotion to CW2, effective 16 May 2008.

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:

	a.  amending Federal Recognition Order Number 14 AR dated 22 January 2008 to show that he was extended Federal Recognition effective 16 May 2006 in the grade of WO1; 

	b.  issuing the applicant a new Federal Recognition Order that shows he was promoted to CW2 with an effective date of rank 16 May 2008; and

	c.  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)                                         AR20080002588



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ABCMR Record of Proceedings (cont)                                         AR20080002588



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