BOARD DATE: 22 September 2009
DOCKET NUMBER: AR20090003411
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 that his date of rank to chief warrant officer two (CW2) be adjusted to 18 November 2007 with entitlement to full back pay.
2. The applicant states, due to an administrative error, his promotion packet was not processed in a timely manner. The records should be corrected to show the earlier effective date and that he is entitled to retroactive pay and allowances effective as of the adjusted date.
3. The applicant provides copies of his initial appointment orders, an academic evaluation report, his CW2 promotion orders, a 17 November 2007 officer evaluation report, a 3 September 2008 Inspector General's Office response to the applicant, and two 5 May 2008 New York Army National Guard (NYARNG) memoranda.
CONSIDERATION OF EVIDENCE:
1. The applicant received his initial appointment as a warrant officer one (WO1) effective 18 November 2005.
2. He completed the Warrant Officer Basic Course (WOBC) on 18 April 2007.
3. A 5 May 2008 Headquarters, 369th Sustainment Brigade, NYARNG memorandum states the applicant's promotion packet was not submitted in a timely manner and was no fault of the Soldier.
4. Headquarters 101st Signal Battalion New York Army National Guard (NYARNG) memorandum states that the applicant met all requirements for and was recommended for promotion.
5. On 26 June 2008 Office of the Adjutant General, Joint Force Headquarters, NYARNG Orders Number 178-1002 promoted the applicant to Chief Warrant Officer Two (CW2) with an effective date and date of rank of 18 November 2007.
6. On 16 July 2008 the above Orders were amended to show an effective date and date of rank 25 June 2008. No reason for the amendment is of record.
7. On 3 September 2008, the Inspector General for New York found that, while no Army standard, policy or law had been violated, his command had not processed his promotion packet in a timely manner. It was recommended the applicant apply to this Board for correction of the his date of promotion.
8. In the development of this case, an advisory opinion was obtained from the Chief, Personnel Division, National Guard Bureau. It was opined that the applicant had met the promotion requirements for an earlier effective date. Correction to show the earlier effective date of 18 November 2007 and authorization of all back pay and allowances to the adjusted date was recommended.
9. No response to the copy of the opinion forwarded to the applicant has been received.
10. Department of the Army, Office of the Deputy Chief of Staff G-1, Policy Memorandum, dated 14 January 2005, states that all Reserve Component Officers in the rank of WO1 will be promoted to CW2 upon completing the Basic Officer Course and meeting a 24 month time in grade requirement. State promotion orders will be published and forwarded to the National Guard Bureau prior to the officer meeting the minimum time in grade requirement provided the officer is otherwise eligible for promotion.
DISCUSSION AND CONCLUSIONS:
1. The applicant states due to an administrative error his promotion packet was not processed in a timely manner. The records should be corrected to show the earlier effective date and that is entitled to retroactive pay and allowances to the adjusted date.
2. Through no fault of the applicant his promotion packet was not processed in a timely manner.
3. When his promotion packet was processed, the applicant was recommended for and promoted to CW2 and initial given the effective date of 18 November 2007. This date was subsequently changed.
4. The applicant met all requirements for promotion to CW2 with the completion of the WOBC in April 2007 and met all other requirements for promotion at that time.
5. Therefore, it is appropriate to correct the records to show that the applicant was selected for and promoted to CWO2 on 18 November 2007.
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 showing the applicant's effective date and date of rank to CW02 as 18 November 2007 and that he is entitled to all pay and allowances in that grade effective the same date.
_______ _ __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) AR20090003411
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