IN THE CASE OF:	  

		BOARD DATE:	  	  30 October 2008

		DOCKET NUMBER:  AR20080013766 


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 permanent Federal recognition initial appointment date be adjusted from 15 April 2008 to 24 May 2006.

2.  The applicant states that the original National Guard Bureau (NGB) Form 89 (Proceedings of a Federal Recognition Examining Board) was not forwarded for permanent Federal Recognition due to an administrative error.  

3.  The applicant provides a copy of his NGB Special Orders Number 188 AR, dated 8 May 2008; his Orders Number 122-232, dated 1 May 2008; his NGB Form 337 (Oaths of Office), dated 15 April 2008; his NGB Form 89, dated 5 June 2007 with accompanying memoranda; his NGB Form 337, dated 25 October 2006; his Orders Number 291-267, dated 19 October 2006, his revocation Orders Number 122-231, dated 1 May 2008; his NGB Form 89, dated 7 January 2005; and his NGB Form 337, dated 24 May 2006.  

CONSIDERATION OF EVIDENCE:

1.  On 24 May 2006, a Federal Recognition Board was held by the Missouri Army National Guard (MOARNG) to determine if the applicant was qualified to be awarded Federal Recognition.  The proceedings indicated that he met the physical, moral character, and general qualifications required for Federal Recognition.

2.  On 24 May 2006, the applicant executed an Oaths of Office as a warrant officer one (WO1) in the MOARNG and he was granted temporary Federal Recognition.

3.  On 25 October 2006, the applicant executed a second Oaths of Office as a WO1 in the MOARNG and was granted temporary Federal Recognition.

4.  On 22 October 2007, the applicant successfully completed the Field Artillery Warrant Officer Basic Course.

5.  There is no evidence the applicant received permanent Federal Recognition for initial appointment as a WO1 from the National Guard Bureau within the 
six-month period required by National Guard/Army Regulations.  As a result, his temporary Federal Recognition expired.  

6.  On 15 April 2008, a Federal Recognition Board was held by the MOARNG to determine if the applicant was qualified to be awarded Federal Recognition.  The proceedings indicated that he met the physical, moral character, and general qualifications required for Federal Recognition.

7.  On 15 April 2008, the applicant executed a third Oaths of Office as a WO1 in the MOARNG and was granted temporary Federal Recognition.

8.  Headquarters, Missouri National Guard, Joint Force Headquarters, Orders Number 122-232, dated 1 May 2008, show the applicant was discharged from the Army National Guard and as a Reserve of the Army in the grade of staff sergeant effective 14 April 2008 for the purpose of accepting a commission in the MOARNG.  These orders also show the applicant was appointed as a WO1 in the MOARNG effective 15 April 2008.

9.  National Guard Bureau Special Orders Number 118 AR, dated 8 May 2008, announced the extension of Federal Recognition in the Army National Guard for the purpose of initial appointment in the grade of WO1 effective 15 April 2008.

10.  In the processing of this case, a staff advisory opinion was obtained from the Chief, Personnel Division, National Guard Bureau.  That office recommended approval of the applicant's request to adjust his initial appointment effective date and date of rank to 24 May 2006.  The opinion also recommended that the applicant be promoted to chief warrant officer two (CW2) effective 24 May 2008.  The advisory opinion referenced National Guard Regulation (NGR) 600-101, Chapter 2, paragraph 2-2.

11.  A copy of the advisory opinion was provided to the applicant in order to allow him to submit comments; however, he did not respond within the allotted time frame.

12.  National Guard Regulation 600-101 (Warrant Officers-Federal Recognition and Related Personnel Actions) provides procedures for processing all applications for Federal Recognition.  Paragraph 2-2 states that the appointment of warrant officers is a function of the state concerned.  These appointments may be federally recognized by the Chief, NGB under such regulations as the Secretary of the Army may prescribe and under the provisions of this regulation.  Officers who are federally recognized in a particular grade and branch shall be tendered an appointment in the same grade as Reserve warrant officers of the Army with assignment to the Army National Guard of the United States if they have not already accepted such appointment.  

13.  Paragraph 2-4b of National Guard Regulation 600-101, states that the effective date of Federal Recognition for original appointment is that date on which the warrant officer executes the oaths of office in the State.  

14.  Paragraph 2-3 of National Guard Regulation 600-101 states that temporary Federal Recognition may be extended to a warrant officer who has been appointed in the ARNG of a State and found to be qualified by a Federal Recognition Board pending final determination of eligibility and appointment as a warrant officer of the Army.  If not sooner withdrawn or replaced by the granting of permanent Federal Recognition, temporary Federal Recognition will automatically terminate six months after the effective date of State appointment.  However, should the initial period of temporary Federal Recognition expire due to administrative processing delays, through no fault of the member, a subsequent Federal Recognition Board should be convened to consider the request again and grant another new period of temporary Federal Recognition if warranted.

15.  Paragraph 2-3a of National Guard Regulation 600-101 states that temporary Federal Recognition may be granted by a Federal Recognition Board to those eligible when the board finds that the member has successfully passed the examination prescribed herein, has subscribed to the oath of office, and has been appointed by a State order for assignment to a position vacancy in a Federally recognized unit of the Army National Guard.  The Federal Recognition Board will forward the NGB Form 89 and allied documents to The Adjutant General.  When the member is favorably recommended, The Adjutant General will endorse the packet to the NGB.  If the member meets the qualifications and requirements for Federal Recognition, the Chief, NGB extends permanent Federal Recognition to the member in the grade and branch in which the member is qualified.
16.  Table 7-1 of National Guard Regulation 600-101 shows that the minimum time-in grade requirement for promotion to the grade of chief warrant officer two is 2 years in the lower grade.

DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant was granted temporary Federal Recognition effective 24 May 2006 upon his initial appointment in the MOARNG as a WO1.  
At that time, his Federal Recognition packet and allied documents should have been forwarded to The Adjutant General of the State of Missouri for endorsement to the National Guard Bureau for extension of permanent Federal Recognition.  Through no fault of the applicant, this action was not taken.

2.  Subsequently, the applicant's Federal Recognition packet was considered by another MOARNG Federal Recognition Board.  Based on the recommendations of the MOARNG Federal Recognition Board, the National Guard Bureau issued orders awarding the applicant permanent Federal Recognition effective 15 April 2008.

3.  From the foregoing it is clear that an administrative error denied the applicant Federal Recognition effective 24 May 2006.  Based on applicable law and regulation the applicant is entitled to have NGB Special Orders Number 118 AR dated 8 May 2008 amended to show the effective date of permanent Federal Recognition in the grade of WO1 is 24 May 2006.

4.  Additionally, the applicant's records clearly show that he performed the duties of a WO1 for a 2-year period following his initial appointment and successfully completed the Field Artillery Warrant Officer Basic Course on 22 October 2007.  Therefore, the applicant's records should be corrected to show he was promoted to CW2 effective 24 May 2008 and granted Federal Recognition on this date.   

BOARD VOTE:

___XX_____  ____XX____  __XX______  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 the State Army National Guard records and all Department of the Army records of the individual concerned be corrected by:

	a.  amending NGB Special Orders Number 118 AR dated 8 May 2008 to show that the applicant was extended Federal Recognition for initial appointment effective 24 May 2006;

	b.  amending his records to show he was promoted to CW2 effective 24 May 2008 and to show he was extended Federal Recognition effective 24 May 2008 in the grade of CW2; and

	c.  paying the applicant any due pay and allowances 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)                                         AR20080013766



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ABCMR Record of Proceedings (cont)                                         AR20080013766



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