IN THE CASE OF:	  

		BOARD DATE:	        03 FEBRUARY 2009

		DOCKET NUMBER:  AR20080014967 


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 adjustment to his promotion effective date and date of rank (DOR) to chief warrant officer two (CW2) from 22 April 2008 to 7 March 2008 with all back pay and entitlements.

2.  The applicant states that memorandum number 307-003 states all officers who are past the 24 month mark will be promoted on the effective date of the Department of the Army Policy Memorandum.  He states that he graduated from Warrant Officer Candidate School (WOCS) and that he was appointed as a warrant officer one (WO1) on 7 March 2006.

3.  The applicant provides in support of his application, a copy of a "MEMORANDUM FOR MILPO's" dated 23 January 2007, from the National Guard Bureau (NGB) Chief, Personnel Policy Branch; a copy of a Memorandum for the Chief, Army Reserve, the Director, Army National Guard (ARNG), and the Commander, Human Resources Command, from the Director, Military Personnel Management dated 22 December 2006; a copy of a for the Commander, Army Human Resources Command and the Chief NGB, from the Director, Military Personnel Management dated 14 January 2005; a copy of his graduate certificate from the WOCS; and a copy of his certificate of appointment as a United States Army Reserve Warrant Officer.





CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that after completing WOCS Class 
06-03, he was appointed in the Pennsylvania Army National Guard (PAARNG), as a WO1, effective 7 March 2006, with prior enlisted service.

2.  The applicant completed the Aviation Warrant Officer Basic Course (WOBC) effective 2 May 2007.

3.  On 9 August 2007, NGB Special Orders Number 191 AR was published changing the applicant's Military Occupational Specialty to 153D, with an effective date of 2 May 2007.

4.  On 22 April 2008, a Federal Recognition Examining Board (FREB) found the applicant qualified for promotion to CW2.

5.  The PAARNG published Orders 116-1004, dated 25 April 2008, promoting the applicant to CW2 with an effective date and DOR of 22 April 2008.  

6.  The NGB published Special Orders Number 112 AR, dated 5 May 2008, extending the applicant Federal Recognition in the grade of CW2, with an effective date of 22 April 2008.

7.  In an advisory opinion, dated 13 November 2008, the Acting Chief, Personnel Division, NGB, Arlington, Virginia, recommended approval of the applicant's request for adjustment of his effective date of promotion and his DOR to CW2 to 7 March 2008 with all back pay and entitlements.  The Acting Chief, Personnel Division, NGB stated that the applicant was appointed WO1 on 7 March 2006 and on 7 March 2008, he met the time in grade requirements of National Guard Regulation 600-101, Table 7-1, which states that the minimum time in grade and mandatory board maximum years in the lower grade for promotion to CW2 is 2 years.  He further stated that the applicant completed the Aviation Warrant Officer Basic Course on 2 May 2007, thereby meeting the education requirements of National Guard Regulation 600-101, Table 7-2, which requires the completion of the duty MOS WOBC for promotion to CW2.  The Acting Chief, Personnel Division, NGB stated that the applicant was qualified in MOS 153D as evidenced by Department of the Army Form 1059, dated 2 May 2007.

8.  A copy of the advisory opinion was forwarded to the applicant for his concurrence on 18 November 2008 and he concurred on 21 November 2008.


9.  National Guard Regulation 600-101 (Warrant Officers-Federal Recognition and Related Personnel Actions), prescribes the policies and procedures ARNG warrant officer personnel management.  Paragraph 7-1 of this regulation specifies that appointment and promotion of warrant officers in the ARNG is a function of State The Adjutant General.  A WO1 must complete a minimum of 2 years time in grade for promotion to CW2.  

10.  National Guard Regulation 600-101 also specifies that these appointments and promotions must be federally recognized.  Warrant officers may be examined for promotion not earlier than 3 months in advance of completing the prescribed promotion requirements so that, if recommended by an FREB, promotion may be effected on the date the promotion requirements are met.  FREB's convening to examine promotion of warrant officers who have passed their promotion eligibility date, may, if so recommended and determined fully qualified on their promotion eligibility date, consider granting temporary federal recognition retroactive to that date, but not earlier than 90 days from the date of the FREB.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was appointed as a WO1 with a date of rank of 7 March 2006 and based on the requirement for completion of 2 years time in grade for promotion to CW2, the applicant completed the time in grade requirement for promotion on 7 March 2008.  The applicant completed his WOBC on 2 May 2007.  Therefore, he completed the educational requirements and should have been determined fully qualified for promotion on 7 March 2008. 

2.  The FREB was held on 22 April 2008, which was after the applicant met his 
2-year time in grade requirement for promotion.  However, the FREB found him to be qualified for promotion to CW2.  

3.  Through no fault of the applicant, his promotion was delayed.  It is concluded that an administrative error denied the applicant a timely promotion to CW2.

4.  Based on applicable laws and regulations, the applicant met all the requirements for, and is entitled to promotion to CW2 and extension of Federal Recognition effective 7 March 2008, with entitlement to back pay and allowances.  

5.  In view of the foregoing, it would now be appropriate to correct the applicant's records as recommended below.


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 of Pennsylvania Army National Guard and Department of the Army records of the individual concerned be corrected by:

	a.  voiding Orders 116-1004, dated 25 April 2008, and Special Orders Number 112 AR, dated 5 May 2008 and declaring them to be of no force or effect; and 
      
   b.  promoting the applicant to the rank of chief warrant officer two with an effective date and date of rank of 7 March 2008, and granting him extension of Federal Recognition effective the same day, with entitlement to all appropriate back pay and allowances.




      _______ _ XXX  _______   ___
       	   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)                                         AR20080014967



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ABCMR Record of Proceedings (cont)                                         AR20080014967



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