IN THE CASE OF:	  

		BOARD DATE:	        21 January 2009

		DOCKET NUMBER:  AR20080016381 


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 National Guard Federal Recognition order (initial appointment), dated 7 October 2008, in the grade of warrant officer one be corrected to show the effective date of 7 March 2007.

2.  The applicant states, in effect, that his Temporary Federal Recognition expired and he was reappointed by a Federal Recognition Board on 21 August 2008.  He continues that since his date of rank is incorrect due to the expiration of the Federal Recognition, he will not be promoted on time without this correction.  He concludes his effective date and date of rank should be 7 March 2007.

3.  The applicant provides a copy of NGB Special Orders Number 257 AR, dated 7 October 2008; State of Georgia, Department of Defense, Military Division, Ellenwood, Georgia Orders 064-024, dated 5 March 2007 and Orders 251-006, dated 7 September 2008; two NGB Forms 89 (Proceedings of a Federal Recognition Examining Board); and two NGB Forms 337 (Oaths of Office) in support of this application.

CONSIDERATION OF EVIDENCE:

1.  On 19 July 2006, a Federal Recognition Board was held by the Georgia Army National Guard (GAARNG) to determine if the applicant was qualified to be awarded Federal Recognition for initial appointment as a warrant officer one.  

The proceedings indicated that the applicant was satisfactory in his physical qualifications, moral character, and general qualifications.

2.  On 7 March 2007, the applicant executed an NGB Form 337 as a warrant officer one in the GAARNG and was granted temporary Federal Recognition.

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

4.  On 21 August 2008, a second Federal Recognition Board was held by the GAARNG to determine if the applicant was qualified to be awarded Federal Recognition for initial appointment as a warrant officer one.  The proceedings indicated that the applicant was satisfactory in his physical qualifications, moral character, and general qualifications.

5.  On 21 August 2008, the applicant executed a second NGB Form 337 as a warrant officer one in the GAARNG and was granted temporary Federal Recognition.

6.  National Guard Bureau Special Orders Number 257 AR, dated 7 October 2008, awarded the applicant permanent Federal Recognition for initial appointment to the grade of warrant officer one, effective 21 August 2008.

7.  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.

8.  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.  Paragraph 2-3 states that temporary Federal Recognition upon initial appointment establishes the authorized grade to be used by all officers in their federally recognized status.

9.  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.

10.  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.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant was granted temporary Federal Recognition effective 7 March 2007 upon his initial appointment in the GAARNG as a warrant officer one.  At that time, his Federal Recognition packet and allied documents should have been forwarded to The Adjutant General of the State of Georgia 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 GAARNG Federal Recognition Board.

3.  Based on the recommendations of the second GAARNG Federal Recognition Board, the National Guard Bureau issued orders awarding the applicant permanent Federal Recognition, effective 21 August 2008.


4.  From the foregoing, it is clear that an administrative error denied the applicant Federal Recognition, effective 7 March 2007.

5.  Based on applicable laws and regulation, the applicant is entitled to have NGB Special Orders Number 257 AR, dated 7 October 2008, amended to show the effective date of permanent Federal Recognition in the grade of warrant officer one is 7 March 2007.

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 Department of the Army records of the individual concerned be corrected by amending Federal Recognition Orders Number 257 AR, dated 7 October 2008 to show that he was extended Federal Recognition effective 7 March 2007 in the grade of warrant officer one.



      _________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.

ABCMR Record of Proceedings (cont)                                         AR20080016381



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ABCMR Record of Proceedings (cont)                                         AR20080016381



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