IN THE CASE OF:	  

		BOARD DATE:	       16 September 2008

		DOCKET NUMBER:  AR20080009381 


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 adjusted to 19 May 2002.  

2.  The applicant states that his DOR should be changed from 2 August 2005 to 19 May 2002.  He contends that his promotion to CW2 on 19 May 2002 did not happen in accordance with National Guard Regulation 600-101 due to a State mission and unit reorganization, which was no fault of his own.

3.  The applicant provides DA Forms 1059 (Service School Academic Evaluation Report), dated 24 May 2001 and 4 March 2008; orders, dated 26 August 2005, 26 July 2000, 17 May 2000, 23 January 2008, 25 July 2006, 18 August 2005, 
27 August 2004, 1 April 2004, 4 April 2007, 29 July 2005, and 31 January 2007; an Oaths of Office, dated 19 May 2000; an application for Federal Recognition; four Officer Evaluation Reports (OER); memoranda, dated 15 August 2002 and 
3 May 2005; two DD Forms 214 (Certificates of Release or Discharge from Active Duty) for the periods ending 4 March 2008 and 28 July 2006; the Proceedings of a Federal Recognition Examining Board; and a Personnel Qualification Record.  

CONSIDERATION OF EVIDENCE:

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

2.  The applicant was recommended for appointment as a Warrant Officer in the Army National Guard in military occupational specialty (MOS) 917A (maneuver forces air defense system technician).

3.  Departments of the Army and the Air Force, National Guard Bureau, Special Orders Number 113 AR, dated 26 July 2000, show the applicant was granted 
Federal Recognition for appointment to Warrant Officer One effective 19 May 2000 in MOS 001A.

4.  The applicant completed the 4F-918D-003-01 Warrant Officer Basic Course on 24 May 2001. 

5.  Effective 1 October 2002 MOS 917A converted to MOS 918D (electronic-missile maintenance Warrant Officer).

6.  The applicant’s OERs for the periods ending 13 September 2002 and 14 April 2003 show he was assigned to a 917A position.  An OER for the period ending 
7 December 2001 does not list a duty position.  His OER for the period ending 
29 February 2004 shows he was assigned to a 918D position.  

7.  State of New Mexico Department of Military Affairs Orders 210-026, dated 
29 July 2005, show that the applicant’s MOS was changed from 001A to 918D0 effective 2 August 2005.

8.  Departments of the Army and the Air Force, National Guard Bureau, Special Orders Number 253 AR, dated 26 August 2005, show the applicant was granted Federal Recognition for promotion to CW2 effective 2 August 2005.   

9.  In the processing of this case, a staff advisory opinion was obtained from the National Guard Bureau.  That office recommends approval of the applicant’s request and that he receive all back pay and allowances as a result of the adjustment.  The recommendation is based on the promotion guidance in chapter 7, paragraphs 7-2a and 7-7d of National Guard Regulation 600-101, MILPO messages for required time in grade for promotion, and the applicant’s supporting documentation.    

10.  A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal.  On 23 June 2008, he concurred with the opinion.

11.  Paragraph 7-2a, National Guard Regulation 600-101 (Warrant Officer – Federal Recognition and Related Personnel Actions) states, in pertinent part, that promotions will be based on Department of the Army MOS proponent certification (satisfactory completion or constructive credit of appropriate level of military education); time in grade; demonstrated technical and tactical competence; and potential for service in the next higher grade as determined by a Federal Recognition Board.  

12.  Paragraph 7-7d of National Guard Regulation 600-101 states that Warrant Officers to be recertified in a new MOS due to reorganization or inactivation remain MOS qualified for promotion purposes for a period of one year from the 
effective date of the reorganization or inactivation provided all education requirements are met in the old MOS.    

13.  Paragraph 2 of Department of the Army Memorandum, dated 14 January 2005, from the Office of the Deputy Chief of Staff, G-1, Subject:  Amendment to Policy – Promotion of Second Lieutenants to First Lieutenant and Warrant Officer One to Chief Warrant Officer Two states that all reserve component officers in the rank second lieutenant will be promoted by the Human Resources Command – Office of Promotions (Reserve Components) or the National Guard Bureau, as appropriate, to first lieutenant when they meet the 24 month time in grade requirement for promotion and complete the Officer Basic Course.  This would also apply to Warrant Officer One which would be promoted to CW2 when they meet the time in grade requirements (24 months) for promotion, and complete Warrant Officer Basic Course.  In the case of Army National Guard officers, the State will publish a State promotion order and forward it to NGB-ARP no earlier than 90 days prior to the officer meeting the minimum time in grade requirement provided the officer has completed the Officer/Warrant Officer Basic Course and is otherwise eligible for promotion.    

14.  Table 7-1 of National Guard Regulation 600-101 states that the minimum time in grade as a Warrant Officer One for promotion to CW2 is 2 years.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was appointed a Warrant Officer One in the Army National Guard on 19 May 2000.  He completed the Warrant Officer Basic Course and was granted Federal Recognition for promotion to CW2 effective 2 August 2005.  He also met the time in grade requirement (24 months).

2.  Based on the foregoing, and in accordance with the governing regulation, it would be equitable to correct the applicant’s military records to show his effective date of promotion to CW2 is 19 May 2002 with a DOR of 19 May 2002.  It would also be equitable to show he was granted Federal Recognition for promotion to CW2 effective 19 May 2002. 


BOARD VOTE:

___xx___  __xx____  __xx____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that the State Army National Guard records and the Department of the Army records of the individual concerned be corrected by amending Federal Recognition Special Orders Number 253 AR, dated 26 August 2005, to show that he was granted Federal Recognition effective 19 May 2002 in the grade of CW2.

2.  The Board further recommends that the applicant be paid all back-pay and allowances due as a result of these corrections.



      _______ _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)                                         AR20080009381



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ABCMR Record of Proceedings (cont)                                         AR20080009381



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