IN THE CASE OF:	  

		BOARD DATE: 	        28 May 2009

		DOCKET NUMBER:  AR20080018888 


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 initial appointment date for Warrant Officer One (WO1) be adjusted to 28 November 2007 and that his effective date of promotion to Chief Warrant Two (CW2) be changed to 1 August 2008.  

2.  The applicant states, in effect, that he was appointed in the Indiana Army National Guard (INARNG) and granted temporary Federal Recognition on
28 November 2007.  He contends that his packet did not go through the National Guard Bureau (NGB) in a timely manner and his temporary Federal Recognition expired.  He states that he was reappointed on 23 October 2008 and then promoted to CW2 on 24 October 2008.  He points out that during this period he was an active drilling member.  

3.  The applicant provides NGB Forms 337 (Oaths of Office), appointment orders, NGB Forms 89 (Proceedings of a Federal Recognition Examining Board), and promotion orders in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the ARNG on 17 May 1994.  He attained the rank of sergeant first class (SFC) on 1 October 2004.

2.  On 22 June 2006, a Federal Recognition Board was held by the INARNG to determine if the applicant was qualified to be awarded Federal recognition as a WO1.  The proceedings indicated that the applicant was satisfactory in his physical qualifications, moral character, and general qualifications.  
3.  Military Department of Indiana, Indianapolis, IN, Orders 333-1152, dated
28 November 2007, show the applicant was honorably discharged from the ARNG and as a Reserve of the Army in the rank of SFC, effective 27 November 2007.  These same orders then assigned the applicant to Joint Forces Headquarters, INARNG, Indianapolis, in the rank of WO1 as a Supply System Technician, effective 28 November 2007. 

4.  On 28 November 2007, the applicant executed an NGB Form 337 as a WO1 in the INARNG and was granted temporary Federal recognition.

5.  The applicant completed the Supply System Technician Warrant Officer Basic Course on 1 August 2008. 

6.  On 23 September 2008, a Federal Recognition Board was held by the INARNG to determine if the applicant was qualified to be awarded Federal recognition as a CW2.  The proceedings indicated that the applicant was satisfactory in his physical qualifications, moral character, and general qualifications.  

7.  Joint Forces Headquarters - Indiana, Indianapolis, Orders 269-1170, dated
25 September 2008, show the applicant was promoted to CW2, effective
23 September 2008.  

8.  Joint Forces Headquarters - Indiana, Indianapolis, Orders 303-1067, dated
29 October 2008, show the applicant was honorably discharged from the ARNG and as a reserve of the Army in the rank of SFC, effective 22 October 2008.  These same orders then assigned the applicant to Joint Forces Headquarters, INARNG, Indianapolis, in the rank of WO1 as a Supply System Technician, effective 23 October 2008.

9.  On 23 October 2008, a Federal Recognition Board was held by the INARNG to determine if the applicant was qualified to be awarded Federal recognition as a WO1.  The proceedings indicated that the applicant was satisfactory in his physical qualifications, moral character, and general qualifications.  

10.  On 23 October 2008, the applicant executed a second NGB Form 337 as a WO1 in the INARNG and was granted temporary Federal recognition.

11.  On 24 October 2008, a Federal Recognition Board was held by the INARNG to determine if the applicant was qualified to be awarded Federal recognition as a CW2.  The proceedings indicated that the applicant was satisfactory in his physical qualifications, moral character, and general qualifications.  

12.  Joint Forces Headquarters, - Indiana, Indianapolis, Orders 304-1018, dated 30 October 2008, show the applicant was promoted to CW2, effective 24 October 2008.  

13.  Departments of the Army and the Air Force, NGB, Special Orders Number 279 AR, dated 31 October 2008, show the applicant was granted Federal Recognition for initial appointment to WO1, effective 23 October 2008.

14.  In the processing of this case, a staff advisory opinion was obtained from the NGB.  That office recommends approval of the applicant’s request to adjust his initial appointment effective date to 28 November 2007 and his request to adjust his promotion effective date and date of rank for CW2 to 1 August 2008.  The recommendation to adjust the applicant's initial appointment date is based on the NGB Form 337, dated 28 November 2007; State appointment orders in the ARNG in the rank of WO1, dated 28 November 2007; and the NGB Form 89, dated 22 June 2006.

15.  The advisory opinion pointed out that the applicant was promoted to SFC on 1 October 2004 and held the rank continuously until appointment to WO Candidate (E-7) and subsequent appointment as a WO1 on 28 November 2007.  NGB-ARH policy memorandum number 07-026, states "SFC who has served a minimum of two consecutive years as an E7 may be appointed to CW2 in one of two ways:" and further states "SFC (E7) who is eligible for MOS [military occupational specialty] training may be promoted to CW2 after completion of WOCS [WO Candidate School] and WOBC [WO Basic Course]."  The opinion also states that the applicant completed WOBC on 1 August 2008 as evidenced by his DA Form 1059 (Service School Academic Evaluation Report), dated 
1 August 2008.

16.  On 17 February 2009, a copy of the advisory opinion was forwarded to the applicant for information and to provide him the opportunity to submit comments and/or a rebuttal.  The applicant did not respond within the given time frame.

17.  Paragraph 2-2 of National Guard Regulation 600-101 (Warrant Officer – Federal Recognition and Related Personnel Actions) states, in pertinent part, that in order for a warrant officer to be concurrently appointed as a Reserve warrant 
officer of the Army, the State action must be federally recognized.  Paragraph 
2-3a states that temporary Federal recognition may be extended to an officer who has been found qualified by a Federal Recognition Board for appointment in the ARNG of a State pending receipt of permanent Federal recognition and appointment as a Reserve officer of the Army.  Temporary Federal recognition may be withdrawn when necessary at any time.  Unless sooner withdrawn or official orders issued granting permanent Federal recognition, temporary Federal recognition will automatically terminate six months after the effective date of the State appointment (Title 32, U.S. Code, section 308).  However, should the initial period of temporary Federal recognition expire due to administrative processing delays, through no fault of the applicant, a subsequent Federal Recognition Board must be convened to consider granting another six months period of temporary Federal recognition.

18.  Paragraph 2-4a of National Guard Regulation 600-101 states that the appointment of warrant officers in the ARNG is a function of the State concerned.  Upon appointment in the ARNG of a State and subscribed to an oath of office, a Soldier assumes a State status under which to serve.  Such a Soldier acquires a Federal status when they are Federally recognized by the Chief, NGB, and appointed as a Reserve of the Army.  Paragraph 2-4b states that the effective date of Federal recognition is the date the warrant officer executes the NGB Form 337.

19.  A memorandum, dated 14 August 2007, Subject:  Policy to Appoint Sergeant First Class (SFC) to Chief Warrant Officer Two (CW2) (NGB-ARH Policy Memo #07-026), states, in pertinent part, that "SFC who has served a minimum of two consecutive years as an E7 may be appointed to CW2 in one of two ways:" and further states "SFC (E7) who is eligible for MOS training may be promoted to CW2 after completion of WOCS and WOBC."

DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant was granted temporary Federal recognition effective 28 November 2007 upon his initial appointment in the INARNG 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 Indiana 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 NGB issued orders granting Federal recognition for initial appointment in the rank of WO1, effective 23 October 2008.

3.  From the foregoing, it is clear that an administrative error denied the applicant Federal recognition as a WO1, effective 28 November 2007.  

4.  Evidence of record shows the applicant was promoted to SFC on 1 October 2004 and he held the rank continuously until appointment to WO1 on 
28 November 2007.  Evidence of record also shows that he completed the 


Supply System Technician Warrant Officer Basic Course on 1 August 2008.  Based on the foregoing, and in accordance with NGB-ARH Policy Memorandum Number 07-026, the applicant's promotion effective date to CW2 should be corrected to 1 August 2008.  

5.  Based on applicable law and regulation, the applicant is entitled to have NGB Special Orders Number 279 AR, dated 31 October 2008, amended to show the effective date of permanent Federal recognition in the rank of WO1 is
28 November 2007 and that he was promoted to CW2 and granted Federal recognition as a CW2 effective 1 August 2008.

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:

	a.  amending NGB Special Orders Number 279 AR, dated 31 October 2008, to show he was extended Federal recognition effective 28 November 2007 in the rank of WO1 and by showing he was promoted to CW2 and granted Federal recognition as a CW2 effective 1 August 2008; and

	b.  paying him any and all back pay and allowances due as a result of these 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)                                         AR20080018888



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ABCMR Record of Proceedings (cont)                                         AR20080018888



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