IN THE CASE OF:	  

		BOARD DATE:	        3 MARCH 2009

		DOCKET NUMBER:  AR20080016388 


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 21 August 2008 to 26 June 2007.

2.  The applicant states that his temporary Federal Recognition expired and he was reappointed by a Federal Recognition Board on 21 August 2008.  Since his date of rank (DOR) is incorrect, he will not be promoted [to Chief Warrant Officer Two (CW2)] without the correction.  He alleges that his correct DOR should be 26 June 2007 and he should be promoted to CW2 on 26 June 2009.  

3.  The applicant provides the following documents in support of his application: 

a.  Departments of the Army and the Air Force, National Guard Bureau, 
Special Orders Number 243 AR, dated 25 September 2008;

b.  State of Georgia, Department of Defense Military Division, Ellenwood, 
Georgia, Orders 251-002, dated 7 September 2008;

c.  Two NGB Forms 337 (Oaths of Office), dated 21 August 2008 and 
26 June 2007;

d.  Two NGB Forms 89 (Proceedings of a Federal Recognition Examining 
Board), dated 21 August 2008 and 29 November 2006; and 



e.  State of Georgia, Department of Defense Military Division, Ellenwood, 
Orders 159-025, dated 8 June 2007.

CONSIDERATION OF EVIDENCE:

1.  On 29 November 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.  The proceedings indicated that he met the physical, moral character, and general qualifications required for Federal Recognition.

2.  On 26 June 2007, the applicant executed an NGB Form 337 as a warrant officer one (WO1) in the GAARNG and he was granted temporary Federal Recognition.

3.  There is no evidence the applicant received permanent Federal Recognition for initial appointment as a WO1 from the NGB 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 Federal Recognition Board was held by the GAARNG 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.

5.  On 21 August 2008, the applicant executed a second NGB Form 337 as a WO1 in the GAARNG and was granted temporary Federal Recognition.

6.  National Guard Bureau Special Orders Number  243 AR, dated 25 September  2008, announced the extension of Federal Recognition in the Army National Guard for the purpose of initial appointment in the grade of WO1 effective 21 August 2008.

7.  On 26 November 2008, the applicant successfully completed the Aviation Warrant Officer Basic Course, Class 09-03.

8.  In the processing of this case, a staff advisory opinion was obtained from the Acting Chief, Personnel Division, NGB.  That office recommended approval of the applicant's request to adjust his initial appointment effective date and date of rank to 26 June 2007.  The opinion stated the recommendation was based on the 

Oaths of Office, State Order, and NGB Form 89 which show an effective date of 26 June 2007.  The advisory opinion referenced National Guard Regulation (NGR) 600-101, Chapter 2, paragraph 2-4a-b and paragraph 2-3a.

9.  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.

10.  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.  

11.  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.  

12.  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.

13.  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 that the applicant was granted temporary Federal Recognition effective 26 June 2007 upon his initial appointment in the GAARNG 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 Georgia for endorsement to the NGB 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.  Based on the recommendations of the GAARNG Federal Recognition Board, the NGB issued orders awarding the applicant permanent Federal Recognition effective 21 August 2008.

3.  From the foregoing it is clear that an administrative error denied the applicant Federal Recognition effective 26 June 2007.  Based on applicable law and regulation, the applicant is entitled to have NGB Special Orders Number
243 AR, dated 25 September 2008, amended to show the effective date of permanent Federal Recognition in the grade of WO1 as 26 June 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 the State Army National Guard and Department of the Army records of the individual concerned be corrected by amending NGB Special Orders Number  243 AR, dated 25 September 2008 to show that he was extended Federal Recognition for initial appointment effective 26 June 2007 in the grade of WO1.



      _________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)                                         AR20080016388



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ABCMR Record of Proceedings (cont)                                         AR20080016388



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