IN THE CASE OF:
BOARD DATE: 23 October 2008
DOCKET NUMBER: AR20080005344
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 appointment as a warrant officer one (WO1) be changed to 3 May 2006 and that he be promoted to chief warrant two (CW2) effective 2 May 2008 with entitlement to back pay and allowances.
2. The applicant states that he was initially appointed a second lieutenant in the Puerto Rico Army National Guard (ARNG) on 3 May 2006 and the next day sent to the Aviation Warrant Officer Basic Course (WOBC). The National Guard Bureau (NGB) failed to process his Federal recognition appointment. Because of the delay on the part of the NGB his Federal recognition lapsed and he was reappointed with a new appointment date of 25 October 2007. This resulted in his not being considered for promotion to CW2 in a timely manner.
3. The applicant provides copies of the Puerto Rico ARNG Joint Forces Headquarters Orders 117-504; NGB Special Orders Number 324 AR, dated 31 December 2007; a Department of Army (DA) Form 1059 (Academic Evaluation Report) for the Aviation WOBC; and a 25 October 2007 NGB Form 337 (Oath of Office), in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant served honorably in the United States Air Force from 14 January 1998 through 15 February 2000.
2. He enlisted in the Puerto Rico ARNG on 10 October 2001. During his period of enlisted service he attained the rank of sergeant and was selected to participate in the in-service aviation warrant officer appointment program.
3. The applicant was honorably discharged from the Puerto Rico ARNG and the United States Army Reserve (USAR), effective 2 May 2006 in order to accept appointment as a warrant officer.
4. Puerto Rico ARNG Joint Forces Headquarters Orders 117-504, dated 27 April 2006, appointed the applicant to WO1 in the Puerto Rico ARNG, effective 3 May 2006. The applicant completed an Oaths of Office at this time.
5. An Academic Evaluation Report shows that the applicant, as a WO1, attended the Aviation WOBC course from 4 May 2006 through 18 October 2007.
6. On 25 October 2007 the applicant completed a second Oaths of Office for appointment to WO1.
7. NGB Special Orders Number 324 AR, dated 31 December 2007, extended Federal recognition to the applicant as a WO1 effective 25 October 2007.
8. In the development of this case, on 4 April 2008 an advisory opinion was obtained from the Chief, Personnel Division, NGB. It recommended that the applicant's date of appointment be corrected and that he be shown to have been promoted to CW2, effective 2 May 2008, with entitlement to retroactive pay and allowances.
9. A copy of the advisory opinion was forwarded to the applicant on 10 April 2008; however, no reply has been received.
10. National Guard Regulation (NGR) 600-101, chapter 2, paragraph 2-2, states that in order for a warrant officer to be concurrently appointed as a Reserve warrant officer of the Army, the State action must be federally recognized. Paragraph 2-3a states temporary Federal recognition may be extended to an officer who has been found qualified by a Federal Recognition Board for appointment in the ARNG of a State pending receipt of permanent Federal recognition and appointment as a Reserve officer of the Army. Temporary Federal recognition may be withdrawn when necessary. Temporary Federal recognition will automatically terminate after six months unless withdrawn or made permanent. However, should the initial period of temporary Federal recognition expire through no fault of the individual, a subsequent Federal Recognition Board must be convened.
11. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) states, in pertinent part, that promotion service for warrant officers is computed based on time-in-grade (TIG). The basic requirements for promotion to CW2 are completion of the WOBC and 2 years TIG as a WO1.
DISCUSSION AND CONCLUSIONS:
1. Through no fault of his own the applicant's Federal recognition was not processed in a timely manner. This resulted in his reappointment with a new effective date of 25 October 2007; 17 months after his initial appointment.
2. This oversight has created an injustice and delayed the applicant's normal career progression. Therefore, it would be appropriate to correct the applicant's records to show that he was appointed to WO1 and granted Federal recognition effective 3 May 2006.
3. The delay in the applicant's appointment and Federal recognition has resulted in his not being considered for promotion to CW2 in a timely manner.
4. It is therefore, appropriate to promote the applicant to CW2 with an effective date of 2 May 2008; to extend Federal recognition, effective the same date; and provide retroactive pay and allowances.
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:
a. showing was appointed to WO1 and extend permanent Federal recognition effective 3 May 2006; and
b. promoting the applicant to CW2, effective date of 2 May 2008; extend Federal recognition effective the same date; and provide retroactive pay and allowances.
_______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.
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