IN THE CASE OF:
BOARD DATE: 18 FEBRUARY 2009
DOCKET NUMBER: AR20080016386
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 that her initial appointment date to warrant officer one (WO1) be changed from 21 August 2008 to 1 May 2007 and that she be promoted to the rank of chief warrant officer two (CW2) on 1 May 2009.
2. The applicant states, in effect, that she initially took her oath of office as a WO1 on 1 May 2007; however, her Temporary Federal Recognition expired before permanent Federal Recognition was obtained and she had to be re-appointed by a Federal Recognition Board on 21 August 2008, which will result in her not being promoted on time to CW2.
3. The applicant provides a copy of her initial oath of office, dated 1 May 2007; her appointment orders, dated 9 February 2007; a copy of her Academic Evaluation Report (AER) and diploma for the Warrant Officer Basic Course; her oath of office, dated 21 August 2008; her appointment orders, dated 20 August 2008; her Federal recognition orders, dated 22 September 2008; and the Proceedings of a Federal Recognition Board, dated 21 September 2006 and
20 August 2008.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the United States Navy in Atlanta, Georgia on 25 August 1977 and served on active duty until she was honorably discharged in the pay grade of E-5 on 24 March 1983. She had served 5 years and 7 months of total active service.
2. On 29 April 2005, she enlisted in the Georgia Army National Guard (GAARNG) in the pay grade of E-5. She completed the warrant officer candidate course at Fort Rucker, Alabama in April 2007 and was administered her oath of office as a WO1 in the GAARNG on 1 May 2007. Her appointment orders directed that she must complete the warrant officer basic course within 2 years.
3. She completed the Adjutant General Administrative Warrant Officer Basic Course on 28 January 2008.
4. On 20 August 2008, a Federal Recognition Examining Board found the applicant qualified and recommended that she be granted Federal Recognition as a WO1.
5. On 21 August 2008, the applicant again was administered an oath of office as a WO1 based on Federal Recognition being granted effective 21 August 2008. Federal Recognition was announced in NGB Special Orders Number 240 AR dated 22 September 2008.
6. In this case a staff advisory opinion was obtained from the NGB and officials at that agency recommend that her initial appointment date to the rank of WO1 be changed to 1 May 2007, that her DOR for promotion to the rank of WO1 be changed to 1 May 2007, and that she be promoted to the rank of CW2 on 1 May 2009. The advisory opinion was provided to the applicant for comment and she concurred with the opinion as written.
7. National Guard Regulation 600-100, paragraph 2-2 states the effective date of Federal Recognition for original appointment is that date on which the commissioned officer executes the oaths of office in the State. Paragraph 2-3a states temporary Federal Recognition upon initial appointment establishes the authorized grade to be used by all officers in their federally recognized status.
DISCUSSION AND CONCLUSIONS:
1. The GAARNG granted the applicant temporary Federal Recognition when she executed her oath of office on 1 May 2007. However, it appears that she was not granted permanent Federal Recognition in a timely manner through an administrative error. The NGB did not grant her permanent Federal Recognition, as a WO1, until 21 August 2008, almost 15 months after the State had already appointed her as a WO1. Meanwhile, the applicant was actually serving as a WO1.
2. Accordingly, it would be in the interest of justice at this time to adjust her DOR for appointment as a WO1 to 1 May 2007, effective 1 May 2007, with entitlement to any back pay and allowances she may be due as a result of this change.
3. In regards to her promotion to the rank of CW2, the applicant is not yet eligible for promotion to the rank of CW2, even with the change of her DOR by this action. Therefore, it would be inappropriate at this time to direct a future promotion before it becomes due or the applicant becomes eligible. Accordingly, there is no basis to approve her request to be promoted to the rank of CW2 at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X_____ ___X_____ __X______ 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 partial 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, as appropriate, by amending NGB Special Orders Number 240 AR, dated 22 September 2008, to show she was extended Federal Recognition as a WO1 effective 1 May 2007.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to promotion to the rank of CW2.
_______ _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) AR20080016386
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