IN THE CASE OF:
BOARD DATE: 13 August 2008
DOCKET NUMBER: AR20080007568
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) as a Chief Warrant Officer Two (CW2) be corrected to 6 April 2006 [sic].
2. The applicant states he was promoted to CW2 and given a DOR of 22 May 2006 [sic]. However, National Guard Regulation (NGR) 600-101 states an E-8 may be promoted to CW2 after completion of Warrant Officer Candidate School (WOCS) and the Warrant Officer Basic Course (WOBC). He accomplished this on 6 April 2007. Since he was promoted to E-8 in November 2000, he had the minimum 2 years of time in grade.
3. The applicant provides:
a. Orders 212-084, Headquarters, Iowa National Guard, Johnston, IA, dated 31 October 2000, promoting him to E-8 with a DOR of 1 November 2000.
b. Orders 165-440, Headquarters, Iowa National Guard, Johnston, IA, dated 14 June 2006, appointing him as a Warrant Officer Candidate, effective 13 June 2006.
c. DA Form 1059 (Service School Academic Evaluation Report), dated 6 April 2007, showing that he successfully completed the Unit Maintenance Officer WOBC.
d. Orders 144-006, Headquarters, Iowa National Guard, Johnston, IA, dated 24 May 2007, promoting him to CW2 with a DOR of 22 May 2007.
e. NGB Form 89 (Proceedings of a Federal Recognition Examining Board) dated 22 May 2007.
CONSIDERATION OF EVIDENCE:
1. The applicant is a Maintenance Warrant, CW2, in the Iowa Army National Guard (IAARNG). His DOR is 22 May 2007.
2. The applicant had served as a senior enlisted maintenance supervisor. He was promoted to the rank of E-8 on 1 November 2000.
3. In June 2006, the applicant became a Maintenance Warrant Officer Candidate. He attended the Unit Maintenance Officer WOBC during the period 26 March 2007 through 6 April 2007. He graduated from the course on 6 April 2007.
4. The applicant was promoted to CW2 on 22 May 2007.
5. In the processing of this case, an advisory opinion was obtained from the Chief, Personnel Division, National Guard Bureau (NGB), which recommended approval of the applicant's request. The opinion cited NGR 600-101, chapter 2, paragraph 10(c), which states enlisted Soldiers in the rank of E-8 through E-9 who serve a minimum of 2 consecutive years in those ranks may be appointed to CW2 after completion of WOCS and WOBC. The applicant's DOR as a CW2 should be 7 April 2007. The applicant was provided an opportunity to respond to the advisory opinion and, on 15 July 2008, he concurred.
DISCUSSION AND CONCLUSIONS:
1. The applicant erroneously requested his DOR as a CW2 be adjusted from 22 May 2006 to 6 April 2006. It is clear from the record he actually meant from 22 May 2007 to 7 April 2007.
2. The applicant qualified for appointment to CW2 as an E-8 with two consecutive years of service in that grade upon completion of the WOBC. He completed WOBC on 7 April 2007.
3. The NGB advisory opinion recommends approval of the applicant's request.
4. In view of the foregoing findings and conclusions, and in the interest of justice and equity, it would be appropriate to correct the applicants records as indicated below.
BOARD VOTE:
__xxx___ __xxx___ __xxx___ 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 voiding his appointment to the rank of CW2 on 22 May 2007 and appointing him to that rank effective 7 April 2007.
XXX
_________________________
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) AR20080007568
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