IN THE CASE OF:	  

	BOARD DATE:	  11 June 2008

	DOCKET NUMBER:  AR20080005458 


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 his date of rank (DOR) to chief warrant officer two (CW2) be adjusted from 28 September 2005 to 18 August 2005, the date he graduated from the Warrant Officer Basic Course (WOBC).  

2.  The applicant states that after completing WOBC, he was eligible for immediate promotion to CW2, even without a Federal Recognition Board, if his National Guard Bureau (NGB) Form 89 (Proceedings of a Federal Recognition Examining Board) contained a specifically worded statement, required by National Guard Regulation 600-101 (Warrant Officers-Federal Recognition and Related Personnel Actions).  This required statement certifies that "the applicant is qualified for appointment as a warrant officer in the Army National Guard and is extended temporary Federal recognition as a warrant officer WO1 as provided by NGR 600-101, to be effective from the date of successful completion of WOBC.  The applicant is promotable to the grade of CW2 effective from the date of the Department of the Army certification without further Federal Recognition Board action)."

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

	a.  NGB Special Orders 327 AR, dated 18 November 2005, Federal recognition for promotion to CW2. 

	b.  Joint Forces Headquarters, NCARNG, Raleigh, North Carolina, Orders 280-841, dated 7 October 2005, promotion to CW2.
	c.  Joint Forces Headquarters, NCARNG, Raleigh, North Carolina, Orders 312-881, dated 8 November 2005, award of military occupational specialty (MOS) 915A (Unit Maintenance Officer). 

	d.  DA Form 1059 (Service School Academic Evaluation Report), dated 18 August 2005. 

	e.  Headquarters, 113th Field artillery Brigade, NCARNG, Greensboro, North Carolina, Orders 13-1, dated 1 December 2001, promotion to master sergeant (MSG). 

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show that he enlisted in the NCARNG on 26 April 1983 and subsequently executed a series of extensions and/or reenlistments in the NCARNG.  He served in several staff and leadership positions in various specialties and attained the rank/grade of MSG/E-8 on 1 December 2001 in MOS 63Z (Mechanical Maintenance Supervisor).  

2.  On 29 April 2004, the applicant submitted an application for Federal Recognition as an Army National Guard Warrant Officer in the NCARNG in MOS 915A.

3.  On 4 June 2004, a Federal Recognition Board was held by the NCARNG to determine if the applicant was qualified to be awarded Federal Recognition for initial appointment.  The proceedings indicated that the applicant was satisfactory in his physical qualifications, moral character and general qualifications.

4.  On 14 June 2004, the Office of the Adjutant General, NCARNG, Raleigh, North Carolina, published Orders 166-806, appointing the applicant as a warrant officer candidate in the NCARNG, effective 14 June 2004.  

5.  On 9 February 2005, the Office of the Adjutant General, NCARNG, Raleigh, North Carolina, published Orders 040-804, honorably discharging the applicant from the NCARNG effective 3 February 2005 and appointing him as a warrant officer one (WO1) in the NCARNG.  He subsequently executed an oath of office on 4 February 2005 and his DOR as a WO1 was established as such. 

6.  On 4 March 2005, NGB Special Orders 68 AR extended the applicant Federal recognition for initial appointment as a WO1 in the NCARNG, effective 4 February 2005. 

7.  On 4 August 2005, the applicant was ordered to active duty as a member of his Reserve Component Unit in support of Operation Iraqi Freedom for a period of 545 days, effective 6 September 2005.

8.  On 18 August 2005, the applicant completed the Unit Maintenance Officer Warrant Officer Basic Course at Aberdeen Proving Ground, Maryland.  

9.  On 14 September 2005, a Federal Recognition Board was held by the NCARNG to determine if the applicant was qualified to be awarded Federal recognition for promotion to CW2.  The proceedings indicated that the applicant was satisfactory in his physical qualifications, moral character and general qualifications.  The Board completed its examination on 28 September 2005.

10.  On 7 October 2005, Joint Forces Headquarters, NCARNG, Raleigh, North Carolina, published Orders 280-841, promoting the applicant to CW2, effective 28 September 2005.  However, on the same date, these Orders were revoked by the same Headquarters. 

11.  On 8 November 2005, Joint Forces Headquarters, Raleigh, North Carolina, published Orders 312-881, awarding the applicant MOS 915A0, effective 18 August 2005.

12.  On 18 November 2005, NGB Special Orders 327 AR, extended the applicant Federal recognition for promotion to CW2, effective 28 September 2005.  

13.  On 20 November 2006, the applicant was honorably released from active duty after completing his service in support of Operation Iraqi Freedom, and reverted back to his ARNG status.

14.  National Guard Regulation (NGR) 600-101 (Warrant Officers-Federal Recognition and Related Personnel Actions), in effect at the time, prescribes the NGB policies and procedures governing the appointment, assignment, and management of warrant officers.  Chapter 2 of this Regulation governs the appointment process.  It states in pertinent part, that a predetermination of an applicant's qualification to enter the Department of the Army MOS proponent's certification course must be received on all individuals seeking initial appointment as a Technical Service WO before any other part of the appointment process is initiated.  The MOS proponent approval for entry into the applicable MOS certification course must be a part of the appointment packet submitted to the Federal Recognition Board.  Initial MOS classification occurs upon completion of a three-event appointment process: (a) selection of the WO by a Federal Recognition Board; (b) satisfactory completion of all phases of WOBC within two years of appointment as a WO candidate, and (c) MOS proponent precertification or certification through completion of the appropriate WOBC within two years of appointment as a WO1.  All appointments are contingent upon DA proponent certification or successful completion of appropriate WOBC. 

15.  NGR 600-101 further states, in pertinent part, that Initial appointment will be a WO1.  However, there are exceptions.  Enlisted Soldiers (Noncommissioned officers) in the rank of MSG/E-8 through command sergeant major (CSM)/E-9 who served a minimum of two consecutive years as an E8 or E9 may be appointed to CW2 in one of two ways:

	a.  MSG/E8 through CSM/E-9 who are certified by the MOS proponent prior to the date of initial appointment (attendance of WOBC is not required) may be appointed in the grade of CW2 upon completion of Warrant Officer Candidate School (WOCS).  Constructive credit may be granted if the Soldier has satisfactorily completed an Officer Candidate School (OCS) within the previous five years.

	b.  MSG/E-8 through SGM/E-9 who are eligible for MOS training may be promoted to CW2 after completion of WOCS and WOBC.  Constructive credit may be granted if the Soldier satisfactorily completed OCS within the previous five years.

16.  Paragraph 9-15 of NGR 600-101 states, in pertinent part that upon completion of the examination of each applicant, the examining board prepares a written record of proceedings.  In the case of an applicant being found qualified for Federal recognition as a CW2, in accordance with paragraph 2-10c(2) of this regulation, except for the successful completion of WOCS and Department of the Army certification, the following statement will be entered on the record of proceedings (NGB Form 89): "the applicant is qualified for appointment as a warrant officer in the Army National Guard and is extended temporary Federal recognition as a warrant officer WO1 as provided by NGR 600-101, to be effective from the date of successful completion of WOCS.  The applicant is promotable to the grade of CW2 to be effective from the date of the Department of the Army certification without further Federal Recognition Board action." 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant attained the rank/grade of MSG/E-8 and served in that rank from 1 December 2001 until he was appointed as a WO1 in the NCARNG on 4 February 2005.  He subsequently attended and completed the WOCS and was awarded MOS 915A on 18 August 2005. 


2.  The evidence of record further shows that a Federal Recognition Board convened on 14 September 2005 and determined the applicant was qualified to be awarded Federal recognition for promotion to CW2.  The Board completed its examination on 28 September 2005.  However, the Federal Recognition Board proceedings did not include the required statement certifying that the applicant is promotable to the grade of CW2, to be effective from the date of the DA MOS certification without further Federal Recognition Board action.  At that time, his complete Federal recognition packet and allied documents should have been forwarded to the Adjutant General of the State of North Carolina for endorsement to the National Guard Bureau for extension of permanent Federal recognition.  Through no fault of the applicant, the required statement was not entered on the NGB Form 89.

3.  The applicant was subsequently granted Federal recognition for promotion to the grade of CW2, effective 28 September 2005, the date the Federal Recognition Board completed its examination, instead of 18 August 2005, the date he completed WOCS.  

4.  It appears that an administrative error, beyond the applicant's control, denied him promotion to CW2 on 18 August 2005, the date he graduated from WOCS; therefore, he is entitled to correction of his records to show his DOR and effective date of promotion to CW2 as 18 August 2005.

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.  amending Federal Recognition Special Orders Number 327 AR, dated 18 November 2005, to show that he was extended Federal recognition effective 18 August 2005 in the grade of CW2.

	b.  restoration of back pay and allowances as a result of his promotion to CW2.




       _    ___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)                                         AR20080005458





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ABCMR Record of Proceedings (cont)                                         AR20080005458



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