IN THE CASE OF:
BOARD DATE: 16 April 2009
DOCKET NUMBER: AR20080012484
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 his date of rank (DOR) to chief warrant officer two (CW2) be changed from 11 May 2008 to 9 August 2007.
2. The applicant states his original date of appointment to warrant officer one (WO1) was wrong and was corrected in a previous case he submitted to the Army Board for Correction of Military Records (ABCMR). He states the period of time it took to correct the effective date of his appointment to WO1 caused a delay in his submission package for promotion to CW2.
3. The applicant provides, in support of his application, copies of National Guard Bureau (NGB) Special Orders Number 111 AR, dated 2 May 2008; Military Department of Arkansas, Office of the Adjutant General, North Little Rock, AR, Orders 116-816, dated 25 April 2008; Military Department of Arkansas, Office of the Adjutant General, North Little Rock, AR, Orders 120-813, dated 29 April 2008; and an NGB 337 (Oaths of Office).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Arkansas Army National Guard (ARARNG) on 9 February 2002 under the Officer Candidate School enlistment option. He was commissioned as a second lieutenant in the ARARNG on 28 May 2002. He completed the Aviation Officer Basic Course and the initial entry rotary wing aviator course in 2004 and was promoted to first lieutenant on 24 August 2004.
2. On 5 July 2005, the applicant submitted a request for Federal recognition as a WO1. On 8 August 2005, the applicant was honorably discharged from the ARARNG and on 9 August 2005, he was appointed as a WO1 in the ARARNG. However, his Federal recognition was not processed until 4 December 2006, thereby establishing his DOR as 4 December 2006.
3. On 26 March 2007, the applicant applied to the ABCMR for correction of his DOR to WO1. On 17 January 2008, ABCMR Docket Number AR20070006708 recommended that his DOR to WO1 be corrected to 9 August 2005.
4. NGB Special Orders Number 40 AR, dated 11 February 2008 show the adjustment to the applicant's DOR for WO1 was processed on 11 February 2008.
5. Table 7-1 of National Guard Regulation 600-101 (Warrant Officers Federal Recognition and Related Personnel Actions) shows that the minimum time-in grade requirement for promotion to the grade of CW2 is 2 years in the lower grade.
6. Table 7-2 of National Guard Regulation 600-101 shows that the military education requirement for promotion to CW2 is completion of the Warrant Officer Basic Course (WOBC) or equivalent certification within 2 years from the date of initial appointment to WO1.
7. Paragraph 9-10 of National Guard Regulation 600-101 provides that an applicant for promotion may be examined for promotion by the Federal Recognition Board not earlier than 3 months in advance of completing the prescribed requirements so that, if recommended by a Federal Recognition Board, promotion may be effected on the date the promotion requirements are met.
8. In the processing of this case an advisory opinion was obtained from the NGB. NGB certified the applicant met all requirements for promotion to CW2 on 9 August 2007 and recommended his request for relief be granted.
9. A Department of the Army Memorandum, dated 14 January 2005, from the Office of the Deputy Chief of Staff, G-1 provides that all Reserve Component officers (U.S. Army Reserve and Army National Guard) in the rank of second lieutenant will be promoted to first lieutenant by the Army Human Resources Command Office of Promotions (Reserve Components) or the National Guard Bureau, as appropriate, when they meet the 24-month time in grade requirement for promotion and complete the Officer Basic Course. This memorandum further provides this policy would apply to WO1 who would be promoted to CW2 when they meet the time in grade requirements (24 months) for promotion and complete the WOBC.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DOR was adjusted to 9 August 2005 on 11 February 2008. Based on the corrected DOR the applicant met the 2-year time in grade requirement for promotion to CW2 on 9 August 2007. He had already completed the Aviation Officer Basic Course.
2. Had it not been for the need to correct his DOR for initial appointment to WO1, the applicant would have been promoted to CW2 on 9 August 2007 as provided for in the Department of the Army memorandum, dated 14 January 2005.
3. Therefore, it is appropriate to correct the applicant's records by amending NGB Special Orders Number 111 AR, dated 2 May 2008, to show he was extended permanent Federal recognition in the grade of CW2 on 9 August 2007 with a DOR and effective date of 9 August 2007 with entitlement to any pay and allowances that are due as a result of this action.
BOARD VOTE:
___X___ ___X____ ___X____ 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 all Department of the Army records of the individual concerned be corrected by showing the applicant was extended permanent Federal recognition in the grade of CW2 on 9 August 2007 with a DOR and effective date of 9 August 2007.
2. Additionally, the Defense Finance and Accounting Office should audit the applicant's pay records and provide the applicant any pay and allowances due him based on the above corrections.
__________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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