IN THE CASE OF:
BOARD DATE: 5 August 2008
DOCKET NUMBER: AR20080004462
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, in effect, that the effective date of her promotion to Chief Warrant Officer Two (CW2) and her CW2 date of rank (DOR) be changed from 12 December to 5 August 2007.
2. The applicant states, in effect, she was eligible for promotion to CW2 on
5 August 2007, and she turned in her promotion packet on 1 July 2007; however, she was not promoted until 12 December 2007. She states that she included a doctor's note in her promotion packet that indicated her pregnancy and her due date of 10 October 2007. However, her S-1 did not inform her a profile was required by Joint Forces Headquarters (JFHQ). She claims when she returned from maternity leave in December 2007, she called to inquire on the status of her promotion and discovered he promotion packet was still sitting on a desk at JFHQ and was never submitted to the National Guard Bureau (NGB). As a result, she was unjustly denied promotion at the proper time and was not promoted with her peers.
3. The applicant provides the following documents in support of her application: Personnel Qualification Record (PQR); Electronic Mail (e-mail) Messages; Oath of Office; Appointment Memorandum; and Federal recognition Orders.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows that as of the date of her application to the Board, she was still serving as a CW2 in the California Army National Guard (CAARNG).
2. On 5 August 2005, after serving in an enlisted status in the United States Marine Corps Reserve (USMCR) and in the CAARNG, the applicant was appointed a Warrant Officer One (WO1) in the CAARNG.
3. On 19 December 2007, an NGB Memorandum authorized the applicant's promotion to CW2 in the Reserve of the Army for service in the ARNG, effective and with a DOR of 12 December 2007, and NGB Special Orders Number 317 AR authorized the applicant's Federal recognition as a CW2, effective 12 December 2007.
4. In connection with the processing of this case, an advisory opinion was obtained from the NGB Chief, Personnel Division. This official recommends approval of the applicant's request to change the effective date of her promotion to CW2 and DOR to 5 August 2007. He confirms that the applicant met the regulatory criteria for and was fully eligible for promotion to CW2 on 5 August 2007. He further indicates that based on the Department of the Army (DA) policy announced on 14 January 2005, all Reserve Component (RC) officers in the rank of WO1 will be promoted to CW2 when they meet the time in grade (TIG) requirement (24 months) for promotion and have completed the Warrant Officer Basic Course (WOBC). In the case of ARNG officers, the State will publish promotion orders and forward them to NGB no earlier than 90 days prior to the officer meeting the minimum TIG requirement provided the officer has completed the WOBC and is otherwise eligible for promotion.
5. On 1 May 2008, the applicant concurred with the NGB advisory opinion.
6. National Guard Regulation (NGR) 600-101 (Warrant Officers-Federal recognition and Related Personnel Actions) prescribes NGB policy for the appointment, assignment and management of ARNG warrant officers. Chapter 7 contains promotion policy and states, in pertinent part, that the minimum TIG requirement for promotion to CW2 is 2 years.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant met all regulatory requirements for promotion to CW2 on 5 August 2007, and that the delay in her promotion was the result of administrative errors in the processing of her promotion packet, and was through no fault of her own. As a result, it would be appropriate to correct her record as recommended in the NGB advisory opinion.
2. In view of the facts of this case, it would be appropriate and serve the interest of justice to correct the applicant's ARNG records and the Department of the Army records to show she was promoted to and extended Federally recognition in the grade of CW2, effective 5 August 2007, and to provide her all back pay and allowances due as a result.
BOARD VOTE:
___x____ ____x___ ___x____ 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 the State Army National Guard records and the Department of the Army records of the individual concerned be corrected, as appropriate, by showing she was promoted to and extended Federal recognition in the grade of Chief Warrant Officer Two, effective and with a date of rank of 5 August 2007; and by providing her all back pay and allowances due as a result of this correction.
_______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) AR20080004462
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