IN THE CASE OF:	

		BOARD DATE:	  18 December 2008

		DOCKET NUMBER:  AR20080016499 


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 his initial appointment to warrant officer one (WO1) be adjusted to 30 September 2006 and Federal Recognition be extended, effective 30 September 2006.  In addition, he requests that he be promoted to chief warrant officer two (CW2), effective 30 September 2008.

2.  The applicant states his temporary Federal Recognition had expired and he was re-appointed to WO1 and Federal Recognition was extended effective 
21 August 2008.  He states that since his date of rank (DOR), 21 August 2008, is incorrect he was unable to be promoted to CW2 upon completion of the requirements.

3.  The applicant provides, in support of his application, copies of both of his oaths of office to WO1, Proceedings of a Federal Recognition Examining Board, Federal Recognition orders, promotion orders, and seven additional pages from his military personnel record.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Georgia Army National Guard (GAARNG) on
1 October 1977.  He had previously served 3 years in the Regular Army and 
1 year and 8 months in the U.S. Army Reserve.  With the exception of a period of broken service from 1 October 1979 to 9 January 1981, the applicant has continued to serve in the GAARNG.

2.  State of Georgia, Department of Defense, Military Division, Ellenwood, Georgia, Orders 272-041, dated 29 September 2006, appointed the applicant a WO1 in the GAARNG effective 30 September 2006.

3.  On 30 September 2006, the applicant was sworn into the GAARNG as a WO1 and granted temporary Federal Recognition.

4.  On 17 October 2007, the applicant completed the Information Systems Tech Warrant Officer Basic Course at Fort Gordon, Georgia.

5.  On 20 August 2008, a Federal Recognition Board was held by the GAARNG to determine the applicant's qualification for Federal Recognition as a WO1.  The proceedings, dated 20 August 2008, indicated that the applicant was satisfactory in his physical qualifications, moral character, and general qualifications and recommended he be granted Federal Recognition as a WO1.

6.  Departments of the Army and the Air Force, National Guard Bureau, Washington DC (DAAF-NGB) Special Orders 243 AR, dated 25 September 2008, granted the applicant Federal Recognition in the grade of WO1 effective 
21 August 2008.

7.  On 21 August 2008, the applicant was again sworn into the GAARNG as a WO1 and was granted temporary Federal Recognition.

8.  State of Georgia, Department of Defense, Military Division Orders 251-011, dated 7 September 2008, appointed the applicant to WO1 effective 21 August 2008.

9.  In a memorandum to the Army Board for the Correction of Military Records, the Georgia Army National Guard Element, Joint Forces Headquarters, Ellenwood, Georgia recommended the applicant's initial appointment date to WO1 be corrected to 30 September 2006 and that he be timely promoted to CW2 on 30 September 2008.

10.  In the processing of this case, an advisory opinion, dated 22 October 2008, was provided by the National Guard Bureau (NGB), Arlington, Virginia.  The applicant was provided a copy of this opinion and given 30 days to submit matters in rebuttal; however, the applicant has not responded.

11.  The NGB recommended approval of the applicant's request to adjust his initial appointment effective date for WO1 to 30 September 2006.  NGB also recommended the applicant be promoted to CW2 with an effective date of 
30 September 2008.  In addition, the NGB further recommended the applicant receive any back pay and allowances due as a result of this adjustment.

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 oath 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. 

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.  A Department of the Army Memorandum, dated 14 January 2005, from the Office of the Deputy Chief of Staff, G-1 provides that all reserve component officers (USAR and ARNG) in the rank of second lieutenant will be promoted to first lieutenant by the HRC - Office of Promotions (Reserve Components) or the National Guard Bureau, as appropriate when they meet the 24 month time in grade requirement for promotion and complete the Officer Basic Course (OBC).
This memorandum further provides this policy would apply to warrant officer ones, who would be promoted to chief warrant officer two when they meet the time in grade requirements (24 months) for promotion and complete the Warrant Officer Basic Course.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DOR for WO1 should be 30 September 2006 and he should be promoted to CW2 effective 30 September 2008.

2.  The applicant took the oath of office in the GAARNG as a WO1 on
30 September 2006.  There is no evidence of record that shows why a Federal Recognition Board was not convened until almost 2 years after the applicant was appointed.

3.  Both NGB and the GAARNG recommend the applicant's DOR to WO1 be changed to 30 September 2006.  Therefore, it is reasonable to conclude the delay in Federal Recognition was through no fault of the applicant.  

4.  In view of the above, it would be appropriate to amend DAAF-NGB Special Orders Number 243 AR, dated 25 September 2008, to show the applicant was extended Federal Recognition as a WO1 effective 30 September 2006.  

5.  State of Georgia, Department of Defense, Military Division, Ellenwood, Georgia, Orders 272-041, dated 29 September 2006, appointing the applicant a WO1 in the Army National Guard effective 30 September 2006 will remain in effect.

6.  State of Georgia, Department of Defense, Military Division Orders 251-011, dated 7 September 2008, appointing the applicant to WO1 effective 21 August 2008 should be revoked and declared void and of no force or effect.  

7.  The applicant completed the Warrant Officer Basic Course within 2 years of appointment to WO1 and, based on the above revision, met the 2 year time in grade requirement for promotion to CW2 on 30 September 2008.  Therefore, it is appropriate to promote the applicant to CW2 effective 30 September 2008 as provided in the Department of the Army Memorandum, dated 14 January 2005.

BOARD VOTE:

___X____  ___X____  ___X___  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

	a.  amending DAAF-NGB Special Orders Number 243 AR, dated
25 September 2008 to show the applicant was extended Federal Recognition in the rank of WO1 effective 30 September 2006;

	b.  revoking State of Georgia, Department of Defense, Military Division Orders 251-011, dated 7 September 2008; and

	c.  promoting the applicant to the rank of CW2, effective 30 September 2008, and granting him extension of temporary Federal Recognition effective the same day.

2.  Additionally, the Defense Finance and Accounting Office should audit the applicant's pay records and provide the applicant any pay and allowances due him based on the above corrections.



      _________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)                                         AR20080016499



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ABCMR Record of Proceedings (cont)                                         AR20080016499



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