IN THE CASE OF:	  

		BOARD DATE:	  8 January 2009

		DOCKET NUMBER:  AR20080008630 


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 initial appointment rank in the Army National Guard (ARNG) and Federal recognition be changed from warrant officer one (WO1) to chief warrant officer two (CW2).

2.  The applicant states, in effect, that National Guard Regulation 600-101 (Warrant Officers –Federal Recognition and Related Personnel Actions) allows former officers in the grade of captain (CPT) to be assessed into the ARNG at the rank of CW2.  He indicates that this rule was overlooked during the time of his appointment.

3.  The applicant provides Utah Army National Guard (UTARNG) memoranda dated 14 July 2004, 24 March 2008, and 29 April 2008; National Guard Bureau (NGB) Departments of the Army and Air Force Special Orders Number 79 AR dated 26 March 2008, Number 87 AR dated 3 April 2008, and Number 258 AR dated 2 September 2005; UTARNG Joint Forces Headquarters Orders 085-001 dated 25 March 2008; Headquarters, United States Army Aviation Warfighting Center and Fort Rucker, memorandum dated 25 March 2008; and NGB memoranda dated 19 November 2004 and 25 May 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military record shows that he initially entered active duty in the United States Air Force (USAF) on 13 September 1980, as a member of the USAF Reserve (USAFR).  He was trained in, awarded, and served in military occupational specialties (MOS) 1115H (Pilot Fighter), 1145H (Pilot Forward Air Controller), and 1441F (Air Operations Officer).

2.  On 31 August 1987, the applicant was honorably released from active duty (REFRAD) in the rank of CPT.  The DD Form 214 issued at that time confirms he completed 6 years, 11 months, and 19 days of active military service and item 12h (Effective Date of Pay Grade) confirms he was promoted to CPT on 13 September 1984.

3.  On 25 August 2005, the applicant was appointed a WO1 in the UTARNG as an Aviation Safety Officer.  He was granted Federal Recognition as a WO1 effective 25 August 2005.

4.  On 25 March 2008, the UTARNG published Orders 085-001 which announced the applicant's promotion to CW2 with an effective date and date of rank of 1 October 2007.

5.  The applicant provides Headquarters, United States Army Aviation Warfighting Center and Fort Rucker, memorandum dated 25 March 2008.  The Director of Aviation Personnel Proponency indicates that the applicant’s appointment in the grade of CW2 is approved in accordance with the applicable National Guard Regulation.

6.  The applicant also provides UTARNG letters from the Director of Personnel, the Assistant Adjutant General, and the G-1.  Each of these individuals indicate that the applicant met the rank, time in grade, and experience requirements necessary for accession into the ARNG in the rank of CW2.

7.  During the processing of the case an advisory opinion was obtained from the Chief, Personnel Division, NGB.  The Chief advised that based on the applicant’s military record, prior service, and National Guard Regulation 600-101 appointment guidance, the applicant’s initial appointment in the UTARNG should have been in the rank of CW2.  Accordingly, this official recommended approval of the applicant’s request and that he be provided all back pay and allowances due as a result.

8.  The applicant was forwarded a copy of the advisory opinion on 19 August 2008 for his rebuttal or comments.  To date he has not responded.

9.  National Guard Regulation 600-101 prescribes the NGB policies and procedures governing the appointment, assignment, and management of warrant officers of the ARNG.  Chapter 2, paragraph 2-10b(1), states that an initial appointment will be as a WO1, except commissioned and former commissioned officers who have served a minimum of 2 years in an active status in the grade of CPT or above and have a minimum of 4 years of experience in the appointment specialty may be appointed to CW2 if certified by the Department of the Army (DA) MOS Proponent (attendance of the Warrant Officer Basic Course (WOBC) is not required).

DISCUSSION AND CONCLUSIONS:

1.  By regulation, commissioned and former commissioned officers who have served a minimum of 2 years in an active status in the grade of CPT or above and have a minimum of 4 years of experience in the appointment specialty may be appointed to CW2 if certified by the DA MOS Proponent and attendance of WOBC is not required.

2.  The evidence of record confirms that prior to the applicant’s appointment in the UTARNG as an Aviation Safety Officer, he completed more than 2 years of active duty service in the USAF in the rank of CPT from the date of his promotion in that rank on 12 September 1984 through his REFRAD on 31 August 1987.  It also shows that he served as a Pilot Fighter, Pilot Forward Air Controller, and Air Operations Officer for more than 6 years during his USAF active duty service from 13 September 1980 to 31 August 1987.  Accordingly, the regulatory criteria has been satisfied in this case and the applicant’s record should be corrected at this time to show that he was initially appointed in the UTARNG and granted Federal recognition in the rank of CW2 on 25 August 2005.  In addition, he should be provided all back pay and allowances due as a result of this correction.

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 State Army National Guard Records and Department of the Army records of the individual concerned be corrected by amending the applicant’s military record to 

show he was initially appointed in the UTARNG and granted Federal recognition in the rank of chief warrant officer two on 25 August 2005 and by providing him all back pay and allowances due as a result of this correction.



      _________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)                                         AR20080008630



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ABCMR Record of Proceedings (cont)                                         AR20080008630



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