IN THE CASE OF:	 

	BOARD DATE:	  3 July 2008

	DOCKET NUMBER:  AR20080006536 


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 date of rank (DOR) to Chief Warrant Officer Two (CW2) be changed to 18 February 2007.

2.  The applicant states, in effect, that his DOR to Warrant Officer One (WO1) was 18 February 2005, and that by regulation he should have been promoted to CW2 after 2 years of time in grade (TIG) as a WO1.  He further states that he now requests that his DOR be changed to 18 February 2007 vice 25 May 2007.

3.  The applicant provides the following documents in support of his application:  Service School Academic Evaluation Report (DA Form 1059); Department of Military and Veterans Affairs Orders 170-1019, dated 19 June 2007; Senior Army Advisor Department of Military and Veterans Affairs Memorandum, dated 25 May 2007; Appointment Certificate; United States Army Human Resources Command Memorandum, dated 8 April 2005; National Guard Bureau Special 143 AR, dated 21 June 2007; and The Army Warrant Officer Articles.

CONSIDERATION OF EVIDENCE:

1.  Pennsylvania Army National Guard (PAARNG) Orders 041-999, dated
10 February 2005 show that the applicant was discharged from the Army National Guard and the Reserve of the Army in the grade of sergeant effective
17 February 2005 for the purpose of accepting appointment in the PAARNG.  These orders further show the applicant was appointed as a warrant officer one in the PAARNG effective 18 February 2005.
2.  On 18 February 2005, the applicant executed an Oaths of Office as a warrant officer one (WO1) in the PAARNG and was granted temporary Federal Recognition.

3.  National Guard Bureau Special Orders Number 82 AR, dated 15 March 2005, extended the applicant permanent Federal Recognition for initial appointment to the grade of warrant officer one, effective 18 February 2005.

4.  The applicant's Official Military Personnel File (OMPMF) contains a Service School Academic Evaluation Report (DA Form 1059).  This document shows he completed the Aviation Warrant Officer Basic Course Number 003-2006 on 
16 December 2005.

5.  National Guard Bureau Special Orders Number 143 AR, dated 21 June 2007, extended Federal recognition for the purpose of promotion to the grade of CW2, effective 25 May 2007.

6.  In connection with the processing of this case, an advisory opinion from the National Guard Bureau (NGB) Chief of the Personnel Division was obtained.  
This official states that the applicant was appointed to WO1 on 18 February 2005, and should have been promoted at 24 months TIG of 18 February 2007, to CW2.  He recommended that the applicant's effective date of permanent Federal Recognition for promotion to the grade of CW2 be amended to 18 February 2007, and that he receive all back pay and allowances owed as a result.  On 
27 May 2008, the applicant was provided a copy of this advisory opinion and given the opportunity to respond to its contents.  

7.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes policy and procedures used for selecting and promoting commissioned officers (other than commissioned warrant officers) of the Army National Guard of the United States (ARNGUS) and of commissioned and warrant officers (WO) of the U.S. Army Reserve (USAR). Section II provides guidance on promotion dates.  It states, in pertinent part, that the promotion of commissioned officers can not be prior to the date on which the promotion memorandum is issued.  In addition, the officer must already be assigned/attached to a position in the higher grade or, if an Individual Ready Reserve (IRR) or Individual Mobilization Asset (IMA) officer selected by a mandatory promotion board, must have completed the maximum years of service in grade in the current grade.



8.  National Guard Regulation 600-101 (Warrant Officers-Federal Recognition and Related Personnel Actions) provides procedures for processing all applications for Federal Recognition.  Paragraph 2-2 states that the appointment of warrant officers is a function of the state concerned.  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.  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.

9.  Paragraph 2-4b of National Guard Regulation 600-101, states that the effective date of Federal Recognition for original appointment is that date on which the warrant officer executes the oath of office in the State.  Paragraph 2-3 states that temporary Federal Recognition upon initial appointment establishes the authorized grade to be used by all officers in their federally recognized status. 

10.  Paragraph 2-3 of National Guard Regulation 600-101 states that temporary Federal Recognition may be extended to a warrant officer who has been appointed in the ARNG of a State and found to be qualified by a Federal Recognition 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 six 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 Board should be convened to consider the request again and grant another new period of temporary Federal Recognition if warranted.

11.  Paragraph 2-3a of National Guard Regulation 600-101 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 Army National Guard.  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.

12.  Table 7-1 of National Guard Regulation 600-101 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 contention that his DOR to CW2 should be adjusted to 
18 February 2007, was carefully considered and found to have merit.

2.  The evidence of record confirms the applicant successfully completed the Aviation Warrant Officer Basic Course on 16 December 2005, the military education requirement for promotion to CW2.  

3.  The evidence of record further confirms that the applicant met his TIG for promotion to CW2 on 18 February 2007; however, through no fault of his own his promotion and Federal Recognition to CW2 was unjustly delayed.  Therefore, it would be appropriate and serve the interest of justice to correct his record to show he was promoted to and granted Federal Recognition as a CW2, effective 18 February 2007, and to provide him any 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 all Department of the Army records of the individual concerned be corrected by amending Commonwealth of Pennsylvania, Department of Military and Veterans Affairs Orders 170-1019, dated 19 June 2007 and National Guard Bureau Special Orders Number 143 AR, dated 21 June 2007, to show he was promoted 


to and granted Federal Recognition in the rank of Chief Warrant Officer Two, effective 18 February 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)                                         AR20080006536



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ABCMR Record of Proceedings (cont)                                         AR20080006536



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