IN THE CASE OF:	  

		BOARD DATE:	       17 MARCH 2009

		DOCKET NUMBER:  AR20080016561 


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 date of rank (DOR) for promotion to Chief Warrant Officer Two (CW2) be adjusted from 21 August 2008 to 7 March 2008 with all back pay and allowances.

2.  The applicant states that the policy memorandum (307-003) indicates that 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 he graduated from Warrant Officer Candidate School (WOCS) and was appointed Warrant Officer One (WO1) on 7 March 2006.  

3.  The applicant provides a copy of Departments of the Army and the Air Force, National Guard Bureau memorandum, dated 23 January 2007; two Department of the Army, Office of the Deputy Chief of Staff, G-1, memoranda, dated 22 December 2006 and 14 January 2005; his diploma from the WOCS, dated 7 March 2006; his diploma from the Aviation Warrant Officer Basic Course, dated 9 January 2008; and Orders 246-1015, dated 2 September 2008.  

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the Army National Guard in the rank of CW2.

2.  On 14 January 2005, the Department of the Army, Office of the Deputy Chief of Staff G-1 issued an Amendment to Policy Memorandum, subject: Promotion 
of Second Lieutenants (2LT) to First Lieutenant (1LT) and WO1 to CW2.  Paragraph 2 of this memorandum states that all Reserve Component (RC) officers (United States Army Reserve and Army National Guard of the United States) in the rank of 2LT will be promoted by the Human Resources Command (HRC) - Office of Promotions (Reserve Components) or the National Guard Bureau, as appropriate, to 1LT when they meet the 24 month time in grade requirement for promotion and complete the Officer Basic Course.  “This would apply to WO1, which would be promoted to CW2 when they meet the time in grade requirements (24 months) for promotion, and complete the Warrant Officer Basic Course.  In the case of ARNG officers, the State will publish a State promotion order and forward it to NGB-ARP no earlier than 90 days prior to the officer meeting the minimum time in grade requirement provided the officer has completed the Officer/Warrant Officer Basic Course and is otherwise eligible for promotion."  

3.  After having had prior enlisted service in the Army National Guard, the applicant was appointed in the Army National Guard on 7 March 2006 in the rank of WO1.  

4.  The applicant completed the Aviation Warrant Officer Basic Course on 9 January 2008.  

5.  Commonwealth of Pennsylvania, Department of Military and Veterans Affairs, The Adjutant General, Annville, PA, Orders 242-1006, dated 29 August 2008, promoted the applicant to CW2/(W-2) with an effective date and DOR of 21 August 2008.  

6.  Departments of the Army and the Air Force National Guard Bureau Special Orders Number 228 AR, dated 8 September 2008, granted the applicant Federal Recognition for promotion to CW2 with an effective date of 21 August 2008.

7.  In the processing of this case, a staff advisory opinion was obtained from the National Guard Bureau.  The National Guard Bureau recommended approval of the applicant’s request for adjustment of his DOR to CW2 from 21 August 2008 to 7 March 2008 with all back pay and entitlements.  The opinion stated that the applicant was appointed to WO1 on 7 March 2006 and on 7 March 2008, he met the time in grade requirements for CW2.  The opinion referenced National Guard Regulation 600-101, Table 7-1, which states the minimum time in grade for promotion to CW2 is 2 years.  The opinion stated the applicant completed the Initial Entry Rotary Wing and Aviation Warrant Officer Basic Course on 9 January 2009 (sic 2008), thereby meeting the education requirements.  The opinion also referenced National Guard Regulation 600-101, Table 7-2, which requires the completion of the WOBC for promotion to CW2.  
8.  A copy of the advisory opinion was forwarded to the applicant for comments. He concurred with the advisory opinion rendered in his case.  

9.  Table 7-1 of National Guard Regulation 600-101 shows that the minimum time-in grade requirement for promotion to the rank of CW2 is 2 years in the lower grade.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was appointed in the Army National Guard on 7 March 2006 as a WO1.  

2.  The applicant completed the Aviation Warrant Officer Basic Course on 9 January 2008.

3.  Orders were published which promoted the applicant to CW2 with an effective date and DOR of 21 August 2008.  He was granted Federal recognition as CW2 with an effective date of 21 August 2008.  

4.  Based on the applicant's meeting the time in grade requirements and completing the Warrant Officer Basic Course, he should have been promoted to CW2 with an effective date and DOR of 7 March 2008 (2 years from the date of his initial appointment).  

5.  Therefore, the applicant's records should be corrected to show he was promoted to CW2 with an effective date and DOR of 7 March 2008 and granted Federal Recognition on this date.   

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 records and all Department of the Army records of the individual concerned be corrected by:

	a.  amending his records to show he was promoted to CW2 effective 7 March 2008 and to show he was extended Federal Recognition effective 7 March 2008 in the rank of CW2; and

	b.  paying the applicant any pay and allowances due as a result of these corrections.




      _______ _ 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)                                         AR20080016561



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ABCMR Record of Proceedings (cont)                                         AR20080016561



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