IN THE CASE OF:
BOARD DATE: 4 November 2008
DOCKET NUMBER: AR20080008652
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 correction of his date of rank (DOR) as a chief warrant officer two (CW2) to 30 November 2007 with back pay and allowances.
2. The applicant states he was not promoted on time because the information was simply not submitted in a timely manner.
3. The applicant provides, in support of his application, a Service School Academic Evaluation Report (AER) (DA Form 1059) for the Warrant Officer Basic Course (WOBC), ending on 30 November 2007; a 14 August 2007 memorandum from the National Guard Bureau (NGB), concerning appointment of qualifying noncommissioned officers (NCO's) in pay grade E-7 to CW2; and an email concerning the applicant's appointment to CW2.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving on active duty in support of Operation Iraqi Freedom.
2. The applicant had served in the United States Marine Corps (USMC) during the period from August 1987 to April 2003. He was last separated with an honorable discharge as a gunnery sergeant, pay grade E-7.
3. The applicant enlisted in the Washington Army National Guard (WAARNG) as a staff sergeant (E-6), on 15 August 2003 and was promoted to sergeant first class (SFC), pay grade E-7, effective 30 July 2004. He subsequently received an interstate transfer from the WAARNG to the Texas Army National Guard (TXARNG).
4. He received a lateral appointment as a warrant officer candidate (E-7) from the TXARNG on 2 March 2006.
5. On 3 November 2006, the applicant was appointed a Reserve warrant officer one. The effective date was considered to be 1 June 2006. On 30 November 2007 Federal recognition was extended.
6. A 14 August 2007 memorandum from the NGB to the several states and territories set forth appointment criteria for certain warrant officers. In part, it states that Soldiers who had served at least 2 consecutive years in pay grade
E-7 could be appointed as a CW2 upon completion of Warrant Officer Candidate School (WOCS) and WOBC.
7. The applicant completed the WOBC on 30 November 2007.
8. Effective 14 February 2008, the applicant was promoted to CW2. Federal recognition of his status as a CW2 was extended.
9. During the processing of this case, on 16 July 2008, the Chief, Personnel Division, NGB noted the appointment criteria for Soldiers who had served at least 2 consecutive years in pay grade E-7. He noted that the applicant had served more than the minimum time in pay grade E-7 and was thus, eligible for appointment to CW2 on 1 December 2007, the day after he completed the WOBC. The Chief recommended, in effect, that the applicant be promoted to CW2 with a date of rank and an effective date of 1 December 2007 and that he be authorized all back pay and allowances.
10. On 18 July 2008, the advisory opinion was forwarded to the applicant for his concurrence. To date, no response was received.
DISCUSSION AND CONCLUSIONS:
1. The applicant completed WOBC on 30 November 2007.
2. The applicant had served more than two years in pay grade E-7 and was eligible to be appointed a CW2 upon completion of WOBC.
3. Therefore, his effective date and date of rank to CW2 should be established as 1 December 2007 and he should be authorized all back pay and allowances.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ___X ___ ___X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that his effective date and date of rank to CW2 is 1 December 2007 and that he be authorized all back pay and allowances.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to establishing the effective date and date of rank as 30 November 2007.
_________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.
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