IN THE CASE OF: .
BOARD DATE: 8 December 2009
DOCKET NUMBER: AR20090003376
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 Federal Recognition in the Virginia Army National Guard (VAARNG) be changed back to his original date of 15 January 2008 instead of the current date of 21 August 2008 that is reflected in his records.
2. The applicant states, in effect, that he took his oath of office in the VAARNG on 15 January 2008 and participated in drills beginning on that date. However, due to administrative processing errors, his application for Federal Recognition had to be resubmitted and it was not until 21 August 2008 that his Federal Recognition was approved and he took another oath.
3. The applicant provides copies of his 15 January and 21 August 2008 oaths of office (NGB Form 337), a copy of his 21 August 2008 Federal Recognition Orders, a copy of orders appointing him to the VAARNG in the rank of chief warrant officer two (CW2) effective 15 January 2008 and 21 August 2008, a copy of his original oath of office as a warrant officer one (WO1) on 28 January 1997, a copy of his Application for Federal Recognition as a National Guard warrant officer dated 14 January 2008, a copy of his discharge orders from the United States Army Reserve (USAR) on 24 May 2004, a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), and a copy of his Officer Record Brief (ORB).
CONSIDERATION OF EVIDENCE:
1. After having had prior enlisted service, the applicant was appointed as a USAR WO1 on 28 January 1997 with a concurrent call to active duty. He served as a rotary wing pilot and was promoted to the rank of CW2 on 28 January 1999. He continued to serve until 28 January 2004, when he was honorably released from active duty (REFRAD) due to completion of required service. He was transferred to the USAR Control Group (Reinforcement) where he remained until he was honorably discharged from the USAR on 24 May 2004.
2. On 15 January 2008, the applicant executed his Oaths of Office (NGB Form 337) as a CW2 in the VAARNG and acknowledged that he had been granted temporary Federal Recognition. There is no evidence to show that he was granted permanent Federal recognition within 6 months of his original oath of office.
3. On 21 August 2008, he was granted Permanent Federal Recognition as a CW2 and again took his oaths of office.
4. In the processing of this case, a staff advisory opinion was obtained from the National Guard Bureau (NGB) which recommends approval of the applicant's request to be granted Federal recognition for the rank of CW2 effective
15 January 2008 because National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions) provides that the effective date of Federal recognition for original appointment is the date the commissioned officer executes his or her oaths of office in the State. The advisory opinion was provided to the applicant for comment and to date he has failed to respond.
5. National Guard Regulation 600-100 provides, in pertinent part, that the effective date of Federal recognition for original appointment is the date on which the commissioned officer executes the oaths of office in the State.
DISCUSSION AND CONCLUSIONS:
1. The applicant executed his original oaths of office as a CW2 on 15 January 2008 and for reasons that are not explained in the available records, his application for permanent Federal recognition was not forwarded to the appropriate authorities for final action.
2. As a result, the applicants permanent Federal recognition has been unduly delayed through no fault of the applicant. Consequently, the applicants permanent Federal recognition to the rank of CW2 has been unnecessarily delayed.
3. However, had the application for permanent Federal recognition been properly and timely processed, the applicants effective date for CW2 would have been 15 January 2008.
4. Accordingly, it would be in the interest of justice at this time to correct the applicants records by showing that he was granted permanent Federal recognition in the rank of CW2 effective 15 January 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 State Army National Guard and Department of the Army records of the individual concerned be corrected by showing that he was granted permanent Federal recognition in the rank of CW2 effective 15 January 2008 with entitlement to all back pay and allowances that flow from this change.
_______ _ _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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