IN THE CASE OF:	  

		BOARD DATE:	  14 August 2008

		DOCKET NUMBER:  AR20080004802 


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 his Chief Warrant Officer Two (CW2) promotion and Federal Recognition effective date be corrected to reflect 
17 December 2007 vice 12 March 2008. 

2.  The applicant states, in effect, that his promotion packet to CW2 should have been reviewed by the Federal Recognition board in December 2007; however it was not reviewed until March 2008.  He states he initiated an investigation through the Tennessee Army National Guard (TNARNG) Inspector General (IG), and was informed that his promotion packet had been initially submitted for review on 6 December 2007, but was delayed at the brigade level for over two months.  He was further informed by the IG that there was no explanation as to why her packet was delayed in being forwarded to the Federal Recognition board, and the IG recommended he submit an application to this Board requesting a correction to her CW2 promotion date. 

3.  The applicant provides the following documents in support of his application:  Joint Force Headquarters (JFH), Tennessee Army National Guard (TNARNG) Memorandum, dated 6 March 2008; Promotion Checklist; Unit Memorandum, dated 5 December 2007; Personnel Qualification Record; JFH, TNARNG Orders 338-844, dated 4 December 2007; Army Physical Fitness Test Scorecard
(DA Form 705); Academic Evaluation Report (DA Form 1059); National Guard Bureau (NGB) Special Orders Number 71 AR, dated 17 March 2008; Federal Recognition Examining Board Proceedings (NGB 89); NGB Memorandum, dated 17 March 2008; Oath of Office (NGB Form 337); and Electronic Mail (e-mail) Message, dated 17 March 2008.
CONSIDERATION OF EVIDENCE:

1.  On 13 December 2004, a Federal Recognition board was held by the TNARNG to determine if the applicant was qualified to be awarded Federal Recognition for initial appointment as a Warrant Officer One (WO1).  The proceedings indicated that the applicant was satisfactory in her physical qualifications, moral character and general qualifications.  

2.  On 14 December 2004, the applicant was transferred from his TNARNG unit in an enlisted status, and on 15 December 2004, he was appointed as a warrant officer candidate.   

3.  On 15 April 2005, the applicant executed an Oath of Office as a WO1 in the TNARNG and was granted temporary Federal Recognition.

4.  On 15 November 2005, the applicant successfully completed Aviation Warrant Officer Basic Course Class 2008-02.

5.  There is no evidence the applicant received permanent Federal Recognition for his initial appointment as a WO1 from the National Guard Bureau (NGB) within the six-month period required by National Guard/Army regulations.  

6.  On 5 December 2007, the applicant's unit commander recommended that he applicant be promoted to CW2.  

7.  On 6 March 2008, the TNARNG IG responded to the applicant's request for assistance concerning his promotion to CW2.  The IG official indicated that the applicant's unit submitted his promotion packet to the 230th Army Community Services S-1 for consideration on 6 December 2007, and on that same date, it was forwarded to the 30th Troop Command.  The JFH promotions section indicated the promotion packet was received 14 February 2008, and that it would be boarded by the State on 27 February 2008, the next board.  The IG official indicated there was no explanation as to why the applicant's packet was delayed in being sent forward, and recommended the applicant apply to this Board for relief. 

8.  On 12 March 2008, a Federal Recognition board was held by the TNARNG to determine if the applicant was qualified to be awarded Federal Recognition for initial appointment as a CW2.  The proceedings indicated that the applicant was satisfactory in his physical qualifications, moral character and general qualifications.  


9.  JFH TNARNG Orders 072-830, dated 12 March 2008, promoted the applicant to CW2, effective and with a date of rank of 12 March 2008, and NGB Special Orders Number 71 AR, dated 17 March 2008, granted the applicant Federal Recognition in the rank of CW2 effective the same date. 

10.  In connection with the processing of this case, an advisory opinion was requested of and received from the Chief, Personnel Division, NGB.  This official states that the applicant met all promotion criteria in accordance with National Guard Regulation (NGR) 600-101, in November 2007; however, his promotion packet was delayed due to administrative processing delays at the State Military Personnel Office (MILPO) due to no fault of the applicant.  This NGB official further stated that he recommended approval of the applicant's request that his promotion effective date and date of rank be adjusted to 17 December 2007, and that the applicant be provided all back pay and allowances as a result.  He further stated that his recommendation for approval was based appointment and promotion guidance and policy contained in the governing regulation and MILPO messages.  

11.  National Guard Regulation (NGR) 600-101 (Warrant Officers-Federal Recognition and Related Personnel Actions) provides procedures for processing all applications for Federal Recognition.  Paragraph 2-2 states in pertinent part, that the appointment of warrant officers in the ARNG is a function of the State concerned.  Upon appointment in the ARNG of a State and subscribed to an Oath of Office, a Soldier assumes a State status under which to serve.  Such a Soldier acquires a Federal status when they are federally recognized by the Chief, NGB, and appointed as a Reserve of the Army.  The effective date of Federal recognition is the date the warrant officer executes the Oath of Office, NGB Form 337.  Federal recognition will continue in effect as long as the warrant officer continues to meet the requirements of the grade and position or until recognition is withdrawn in accordance with regulations or until recognition is withdrawn in accordance with regulations or as otherwise required by law. 

12.  Paragraph 7-2 of the same regulation states in pertinent part that promotions will be based on Department of Army (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 (FRB).  Table 7-1, shows that the minimum time-in grade requirement for promotion to the grade of chief warrant officer two is 2 years in the lower grade.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his CW2 promotion effective date and date of rank be adjusted to 17 December 2007, was carefully considered and found to have merit.  By regulation, promotions will 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.

2.  The evidence of record confirms the applicant met all promotion criteria required by the governing regulation and promotion policy in effect at the time in November 2007, and that his promotion packet was appropriately submitted by his unit for consideration for promotion on 6 December 2007.  However, through no fault of the applicant, his promotion packet was delayed due to administrative error, as evidenced by the IG investigation and NGB advisory opinion. 

3.  In view of the facts of this case, it would be appropriate and serve the interest of justice to correct the applicant's record to show he was promoted to CW2 and granted Federal Recognition in that grade effective and with a date of rank of 
17 December 2007, and by providing him any back pay and allowances due as a result of this change.  

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 all Department of the Army records of the individual concerned be corrected by showing he was promoted to chief warrant two (CW-2), with an effective date of rank and granted Federal Recognition in that grade on 17 December 2007; and by providing him any back pay and allowances due as a result.  


      _______ _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)                                         AR20080004802



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ABCMR Record of Proceedings (cont)                                         AR20080004802


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