IN THE CASE OF:	  

		BOARD DATE:	        5 February 2009

		DOCKET NUMBER:  AR20080019246 


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 adjustment of his promotion effective date and date of rank (DOR) to chief warrant officer three (CW3) from 5 December 2007 to 16 March 2007.

2.  The applicant states that after his return from Iraq and release from active duty to the control of his Pennsylvania Army National Guard (PAARNG) unit, he submitted his promotion packet to his battalion S-1 in January 2007.  He subsequently attended and successfully completed the Field Artillery (FA) Warrant Officer Advance Course (WOAC) on 16 March 2007.  He adds that he was in contact with his battalion S-1 while attending the WOAC; however, upon his return to his unit, he discovered that his promotion packet had not left the battalion S-1’s office.  He also states that his promotion packet was ultimately resubmitted through the chain of command on or about 15 August 2007 and sent to the National Guard Bureau (NGB) for processing.  He was granted Federal recognition on 5 December 2007.

3.  The applicant provides the following additional documentary evidence in support of his request:

	a.  Orders 333-072, issued by the Department of Military and Veterans Affairs, PAARNG, on 29 November 2006.

	b.  DA Form 1059 (Service School Academic Evaluation Report), dated 16 March 2007.

	c.  Memorandum, dated 26 February 2008, Selection Retention Board.

	d.  NGB Special Orders Number 3 AR, dated 4 January 2008.

4.  On 3 January 2009, the applicant submitted a copy of his warrant officer promotion packet that contains documentation pertaining to awards and decorations, officer evaluations, personnel qualification record, health assessment, and other medical documents. 

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show that he was appointed as a second lieutenant in the Military Police Corps of the U.S. Army Reserve (USAR) on 23 April 1972.  He was promoted to first lieutenant on 7 June 1975 and entered active duty on 14 June 1975.  He was honorably separated from active duty on 6 June 1975 and ultimately from the USAR in the rank of captain on 16 August 1986.

2.  The applicant’s records also show he enlisted in the PAARNG on 22 December 1992 in the rank of sergeant.  He was honorably discharged on 28 July 1997 for the purpose of accepting a warrant officer (WO) appointment.

3.  The applicant’s records further show he was appointed as a warrant officer one (WO1) in the PAARNG and executed an oath of office on 29 July 1997.  He subsequently completed the FA Targeting Technician Warrant Officer Basic Course (WOBC), held military occupational specialty (MOS) 131A (Radar Technician) and was assigned to the 109th FA Battalion, York, PA.  He was also reassigned to the 107th FA Battalion, New Castle, PA, and was subsequently promoted to CW2 on 18 November 2002.

4.  On 25 March 2005, the applicant was ordered to active duty in support of Operation Iraqi Freedom and subsequently served in Iraq from 26 June 2005 to 13 June 2006.  He was honorably separated and returned to the control of his ARNG unit on 24 July 2007.

5.  On 7 January 2007, the Army Board for Correction of Military Records rendered a favorable decision concerning adjustment of his DOR as a CW2 from 18 November 2002 to 9 January 2002.

6.  The applicant’s records show he attended and successfully completed the FA Targeting Technician WOAC on 7 March 2007.


7.  On 4 January 2008, by memorandum, the NGB notified the applicant of his promotion to CW3 effective 5 December 2007.  On the same date, the NGB published Special Orders Number 3 AR extending the applicant Federal recognition for promotion to CW3, effective 5 December 2007.

8.  An advisory opinion was obtained on 9 January 2009 in the processing of this case.  The Acting Chief, Personnel Division, NGB, recommends approval of the applicant’s request to adjust his promotion effective date and DOR to 16 March 2007 and restoration of all pay and allowances as a result of this correction.  The acting chief added:

	a.  The applicant was promoted to CW2 on 9 January 2002.  He met the time in grade requirements of Table 7-1 of National Guard Regulation (NGR) 600-101 (Warrant Officer - Federal Recognition and Related Personnel Actions) and NGB Personnel Policy and Readiness Policy Letter 07-25, dated 29 August 2007, which state that the minimum time in grade requirements for promotion to CW3 is five years.  He completed the WOAC on 16 March 2007, thereby meeting the education requirements of Table 7-2 of NGR 600-101, which requires the completion of the common core prerequisite studies and the duty MOS WOAC for promotion to CW3; and 

	b.  The applicant met all the requirements to be promoted on 16 March 2007 and had submitted his promotion packet in January 2007.  He claims that he was in contact with his battalion S-1 while attending the WOAC and submitted his promotion packet prior to his graduation.  He also states that his promotion packet was resubmitted on or about 15 August 2007 and sent to higher headquarters.  He was granted Federal recognition on 5 December 2007.  He demonstrated that he was effectively managing his career progression and monitored the progression of his promotion packet.  The fact that his promotion packet was misplaced and he had to restart the process several months later was due to no fault of his own and as such, he should not be penalized.

9.  On 13 January 2009, the applicant was furnished with a copy of this advisory opinion and, on 14 January 2009, he concurred. 

10.  NGR 600-101 provides procedures for processing applications for Federal recognition.  Paragraph 2-1 of NGR 600-101 states that warrant officers of the ARNG are appointed by the several States under Article 1, Section 8 of the U.S. Constitution.  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.  Warrant 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.  Chapter 7 of NGR 600-101 states, in pertinent part, that promotion of warrant officers in the ARNG is a function of the State.  As in original appointments, a warrant officer promoted by State authority has a State status in the higher grade under which to function.  However, to be extended Federal recognition in the higher grade, the officer must satisfy the requirements for this promotion.  Promotions will be based on the Department of the Army proponent duty MOS certification via satisfactory completion or constructive credit of appropriate level of military education; time in grade; demonstrated technical and tactical competence; and potential for service in the next higher grade as determined by a Federal Recognition Board.  Promotion will not be used solely as a reward for past performance. 

12.  A warrant officer must complete the minimum years of promotion service as shown in Table 7-1 and the education requirements of Table 7-2 of NGR 600-101 to attain eligibility for promotion and receive Federal recognition in the higher grade.  Table 7-1 states, in pertinent part, that the minimum time in grade for promotion to CW3 is six years in the lower grade (but changed to five years, see next paragraph below).  Table 7-2 states, in pertinent part, that the minimum military education requirement for promotion to CW3 is completion of the common core prerequisite correspondence studies and the duty MOS Warrant Officer Advance Course (WOAC), or equivalent.

13.  NGB Personnel Policy and Readiness Policy Letter 07-25, dated 29 August 2007, states that effective 29 August 2007, States are authorized to consider CW2 promotion to CW3, with a reduced minimum TIG of 4 years when promotion consideration to CW3 is supported by assignment to a higher graded position.  All other CW2 minimum TIG requirements are reduced to five years.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his promotion effective date and DOR to CW3 should be adjusted from 5 December 2007 to 16 March 2007.

2.  The evidence of record shows that the applicant was promoted to CW2 on 18 November 2002 with a DOR as 9 January 2002.  He met the minimum time in grade requirements for promotion to CW3 on 9 January 2007.  Accordingly, he submitted a promotion packet through his battalion S-1.  It appears that his promotion packet was misplaced.  Upon completion of the WOAC on 16 March 2007, he resubmitted his promotion packet through his chain of command and was ultimately granted Federal recognition on 5 December 2007.
3.  It is clear that an administrative error denied the applicant promotion on 16 March 2007, as he met the minimum time in grade, military education, and other requirements on 16 March 2007.  Therefore, he is entitled to adjustment of his promotion effective date and DOR to CW3 to 16 March 2007 and restoration of back pay and allowances as a result of this correction.

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 Federal Recognition Special Orders Number 3 AR dated 4 January 2008 to show that he was extended Federal Recognition effective 16 March 2007 in the grade of CW3; and  

	b.  restoration of back pay and allowances as a result of this correction. 




															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)                                         AR20080019246





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ABCMR Record of Proceedings (cont)                                         AR20080019246



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