IN THE CASE OF:	  

		BOARD DATE:	        11 September 2008

		DOCKET NUMBER:  AR20080007466 


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 rank (DOR) to Chief Warrant Officer Two (CW2) be adjusted from 9 February 2006 to 24 July 2001.

2.  The applicant states that he was originally appointed as a warrant officer one (WO1) on 1 September 1995 and was transferred to the Inactive National Guard (ING) on 31 July 1997.  He states that he was discharged from the Kentucky Army National Guard (KYARNG) and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) effective 1 December 2001.  He was discharged from the USAR Control Group (Reinforcement) on 26 March 2004 and he had a civilian break in service from 27 March 2004 to 19 October 2005, which is a total of 8 years, 6 months, and 26 days service as a WO1.  He states the National Guard Bureau has not responded to his requests for adjustment of his DOR to CW2.

3.  The applicant provides 20 enclosures as noted on his application continuation sheet.  

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the Army National Guard in the rank of CW2.

2.  After having had prior enlisted service, the applicant was appointed as a Reserve commissioned officer on 5 May 1989 in the rank of second lieutenant.  

3.  Department of Military Affairs, Frankfort, Kentucky Orders Number 249-241, dated 6 September 1995, separated the applicant from the Army National Guard effective 31 August 1995 and appointed him as a WO1 in the Army National Guard on 1 September 1995.  Departments of the Army and the Air Force National Guard Bureau Special Orders Number 150 AR, dated 14 December 1995, granted him Federal Recognition in the KYARNG with an effective date of 1 September 1995 for the purpose of initial appointment.

4.  He served in the ING from 31 July 1997 through 29 November 2001.

5.  Department of Military Affairs, Frankfort, Kentucky Orders Number 319-856, dated 15 November 2001, separated the applicant from the Army National Guard on 1 December 2001 in the rank of WO1.  On the following date, he was transferred to the USAR Control Group (Individual Ready Reserve (IRR)).

6.  His NGB Form 22 for the period ending 1 December 2001 shows he completed 6 years, 3 months, and 1 day of service during this period.

7.  Departments of the Army and the Air Force National Guard Bureau Special Orders Number 349 AR, dated 17 December 2001, withdrew his Federal Recognition in the KYARNG with an effective date of 1 December 2001.

8.  Department of the Army, U.S. Army Human Resources Command, St. Louis, Missouri Orders D-03-410497, dated 26 March 2004, discharged the applicant from the USAR on 26 March 2004.

9.  After a break in service, the applicant was appointed as a WO1 in the Army National Guard on 20 October 2005.  Departments of the Army and the Air Force National Guard Bureau Special Orders Number 316 AR, dated 3 November 2005, granted the applicant Federal Recognition in the KYARNG with an effective date of 20 October 2005 in the rank of WO1.  

10.  Department of Military Affairs, Boone National Guard Center, Frankfort, Kentucky Orders Number 040-805, dated 9 February 2006, promoted the applicant to CW2, W-2 with an effective date of 9 February 2006.  These orders state, “The effective DOR will be the date published in the Federal Recognition Order.”

11.  Departments of the Army and the Air Force National Guard Bureau Special Orders Number 64 AR, dated 7 March 2006, granted the applicant Federal Recognition for promotion to CW2 with an effective date of 9 February 2006.

12.  In the processing of this case, a staff advisory opinion was obtained from the National Guard Bureau.  The National Guard Bureau recommended approval of the applicant’s request for adjustment of his DOR to CW2.  The opinion stated that the applicant had 4 years, 2 months, and 26 days of service as a WO1 when he was appointed in the KYARNG on 20 October 2005.  It was recommended that the applicant’s DOR to WO1 be adjusted to 24 July 2001 and that his DOR to CW2 be adjusted to 24 July 2003 with entitlement to all back pay and allowances.  

13.  The opinion referenced Army Regulation (sic) 600-101, chapter 7, paragraph 8 which stated that a warrant officer must complete 2 years of promotion service to attain eligibility for promotion and receive Federal recognition in the higher grade of CW2.  Table 7-2 stated that a WO1 must complete the Warrant Officer Basic Course (WOBC) within 2 years from date of initial appointment as a WO1.  The opinion stated the applicant completed WOBC on 18 July 1990.  

14.  A copy of the advisory opinion was forwarded to the applicant for comments. He concurred with the advisory opinion rendered in his case.  

15.  Army Regulation 135-100 (Appointment of Commissioned and Warrant Officers of the Army), paragraph 1-9b states that effective 1 October 1992, all applicants for warrant officer appointment will be appointed to WO, W-1, on successful completion of Warrant Officer Candidate School (WOCS) or 
WOCS-RC (Reserve Component).

16.  Army Regulation 135-100 provides for service credit to be awarded only to Judge Advocate General’s Corps (JAGC) and Chaplain Branch officers.

17.  Department of Defense Directive (DODD) 1312.3, Subject: Credit for Commissioned Officers, provides policies and procedures governing the granting of service credit to persons upon appointment as Regular commissioned officers.

18.  There is no similar DODD that governs the granting of service credit to persons appointed to warrant officer.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant initially served as a WO1 in the KYARNG from 1 September 1995 to 30 July 1997 (1 year and 11 months) and in the USAR Control Group from 2 December 2001 to 26 March 2004 (2 years, 3 months, and 25 days).

2.  The applicant was reappointed in the KYARNG on 20 October 2005 in the rank of WO1.  
3.  Orders were published on 9 February 2006 which promoted the applicant to CW2 with an effective date of 9 February 2006.  He was granted Federal Recognition as a CW2 with an effective date (and DOR) of 9 February 2006.

4.  Although the National Guard Bureau recommended the applicant’s DOR to WO1 should be adjusted to 24 July 2001 based on his prior service as a WO1 and that his DOR to CW2 should be adjusted to 24 July 2003, there are no regulatory or statutory provisions for awarding service credit for prior service to reappointed warrant officers.  

5.  Therefore, there is no error or injustice that exists in this case regarding the applicant’s DOR to CW2.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___xx___  ___xx___  ___xx___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ xxxx_______   ___
               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)                                         AR20080007466



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ABCMR Record of Proceedings (cont)                                         AR20080007466



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