IN THE CASE OF:
BOARD DATE: 21 May 2009
DOCKET NUMBER: AR20090000955
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 promotion date and date of rank (DOR) to Chief Warrant Officer Two (CW2) be changed from 10 December 2008 to 12 October 2008.
2. The applicant states, in effect, that his CW2 promotion date and DOR were administratively delayed through no fault of his own. He also states that his eligibility date for promotion to CW2 was 12 October 2008; however, he was not promoted until 10 December 2008.
3. The applicant provides the following documents in support of his application: a National Guard Bureau (NGB) Form 337 (Oath of Office), DA Form 1290 (Appointment Certificate), Appointment Order, Amendment Order, Federal Recognition Order (Warrant Officer WO1), Promotion Order, and Federal Recognition Order (CW2).
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show that after having prior enlisted service, he was appointed in the North Carolina Army National Guard (NCARNG), as a warrant officer one (WO1), on 12 October 2006.
2. The NGB published Special Orders Number 2 AR, dated 4 January 2007, extending the applicant Federal Recognition in MOS 001A effective 12 October 2006.
3. The applicants Official Military Personnel File (OMPF) contains a DA Form 1059 (Service School Academic Evaluation Report), dated 20 August 2008, which shows he completed the Aviation Warrant Officer Basic Course on
20 August 2008.
4. The NCARNG published Orders Number 346-840, dated 11 December 2008, promoting the applicant to CW2 with an effective date of 10 December 2008.
5. The NGB published Special Orders Number 324 AR, dated 12 December 2008, extending the applicant Federal Recognition in the grade of CW2, with an effective date of 10 December 2008.
6. In an advisory opinion, dated 3 April 2009, the Chief, Personnel Division, NGB, Arlington, Virginia, acknowledged the applicant's request and recommended it be approved and that the applicant's promotion date and DOR be changed to 12 October 2008. This NGB official stated that the applicant was initially appointed as a WO1 on 12 October 2006, and that he met the time in grade requirement in accordance with National Guard Regulation (NGR)
600-101, Table 7-1 on 12 October 2008. He further indicated the applicant completed the WOBC on 20 August 2008, thereby meeting the education requirement.
7. The Chief, Personnel Division, NGB further cited Department of the Army, Office of the Chief Staff, G-1, Amendment to Policy Memorandum, dated
14 January 2005, which states, in pertinent part, that all Reserve Component (RC) officers in the rank of second lieutenant (2LT) will be promoted by the Army Human Resources Command (AHRC), Office of Promotions, RC, or the NGB, as appropriate, to first lieutenant (1LT) when they meet the 24 month time in grade requirement for promotion and complete the Officer Basic Course (OBC). This would also apply to members in the rank of WO1 who would be promoted to CW2 upon meeting the time in grade requirement and completed the WOBC.
8. On 12 April 2009, the applicant concurred with the NGB advisory opinion.
9. NGR 600-101, prescribes the policies and procedures for ARNG WO personnel management. Paragraph 7-1 of this regulation specifies that appointment and promotion of warrant officers in the ARNG is a function of the state The Adjutant General. A WO1 must complete a minimum of 2 years time in grade for promotion to CW2. Table 7-2 indicates that completion of the WOBC is the minimum education requirement for promotion to CW2.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was appointed as a WO1 with a DOR of 12 October 2006, and that he completed WOBC on 20 August 2008. He was fully eligible to be promoted to CW2 on 12 October 2008, as confirmed by the NGB advisory opinion provided. However, through no fault of his own, it appears due to administrative error his promotion was unjustly delayed until 10 December 2008.
2. Based on applicable laws and regulations, the applicant met all the requirements for, and was eligible to be Federally Recognized and promoted to CW2 on 12 October 2008. Therefore, it would be appropriate to correct his record accordingly, and to provide him all back pay and allowances due 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 State Army National Guard Records and Department of the Army records of the individual concerned be corrected by showing he was Federally Recognized and promoted to Chief Warrant Officer Two effective and with a date of rank of 12 October 2008 and by providing him all back pay and allowances due as a result of this correction.
_______ _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.
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