IN THE CASE OF:
BOARD DATE: 22 September 2009
DOCKET NUMBER: AR20090003961
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 (DOR) for promotion to chief warrant officer two (CW2) be changed to 14 July 2008.
2. The applicant states, in effect, that his date of eligibility for promotion to the rank of CW2 was originally 14 July 2008; however, for reasons beyond his control, his promotion packet was administratively delayed and he was not promoted until 8 December 2008.
3. The applicant provides copies of his Federal Recognition orders for promotion to the ranks of warrant officer one (WO1) and CW2, a copy of his Academic Evaluation Report (AER), a copy of an officer evaluation report (OER), a copy of his promotion memorandum to CW2, a copy of an amendment to the promotion policy, copies of his mobilization orders, and a copy of his active duty for training (ADT) orders.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Ohio Army National Guard (OHARNG) on 10 July 1996 for a period of 8 years. He completed training as a UH-1 Helicopter repairman and was promoted to the pay grade of E-5 on 1 November 2000. He served in Iraq in support of Operation Iraqi Freedom from 21 March 2004 to 1 March 2005.
2. On 13 July 2006, he was honorably discharged from the OHARNG and the United States Army Reserve. On 14 July 2006, he was appointed as an aviator WO1 in the OHARNG. He completed the warrant officer basic course (OBC) on 18 October 2007.
3. The applicant was promoted to the rank of CW2, on 8 December 2008. In conjunction with his promotion, National Guard Bureau (NGB) Special Orders Number 327 AR, dated 17 December 2008, announced the extension of Federal recognition to the applicant effective 8 December 2008 for the purpose of promotion. On 2 January 2009, he was ordered to active duty in support of Operation Iraqi Freedom for a period of 400 days.
4. In the processing of this case a staff advisory opinion was obtained from the NGB which recommends approval of the applicant's request based on the fact that the applicant met the regulatory requirements of 24 months time in grade (TIG) on 14 July 2008 and the educational requirements as well. NGB officials opined that the applicant's promotion was delayed through no fault of his own and recommend that the Board approve his request with entitlement to all back pay and allowances. The advisory opinion was forwarded to the applicant and to date no response has been received by the staff of the Board.
5. Department of the Army, Office of the Deputy Chief of Staff G-1, Amendment to Policy Memo, dated 14 January 2005, provides in pertinent part, that all National Guard WO1s will be promoted to the rank of CW2 by the NGB, as appropriate, when they meet the 24-month TIG requirement for promotion and have completed the OBC. In the case of Army National Guard officers, the State will publish a State promotion order and forward it to the NGB no earlier than
90 days prior to the officer meeting the minimum TIG requirement provided the officer has completed the OBC and is otherwise eligible for promotion.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he should have been promoted to the rank of CW2 on 14 July 2008 has been noted and appears to have merit.
2. The applicant completed the OBC in October 2007 and met the 24-month TIG requirement for promotion on 14 July 2008. However, for reasons not clearly evident in his official records, he was not promoted until 8 December 2008.
3. Accordingly, it would be in the interest of justice to correct the applicants records at this time to show he was promoted to the rank of CW2 on 14 July 2008 with an effective date and DOR of 14 July 2008 and entitlement to all back pay and allowances that result due to the change.
4. It would also be in the interest of justice to amend NGB Special Orders Number 327 AR to reflect he was extended Federal recognition effective 14 July 2008 for the purpose of promotion.
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
a. showing he was promoted to the rank of CW2 on 14 July 2008 with an effective date and DOR of 14 July 2008;
b. amending NGB Special Orders Number 327 AR, dated 17 December 2008, to reflect he was extended Federal recognition effective 14 July 2008 for the purpose of promotion; and
c. paying him all back pay and allowances due as a result of the 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.
ABCMR Record of Proceedings (cont) AR20090003961
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090003961
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110001308
The applicant requests correction of his record to show he was extended Federal recognition on 1 August 2008 as his initial effective date of appointment and date of rank (DOR) to warrant officer one (WO1) to allow for promotion to chief warrant officer two (CW2) on 24 September 2010. As a means of clarification she offers the following information pertaining to the applicant: * he executed oaths of office and signed a DA Form 71 and an NGB Form 337 for his initial appointment in the OHARNG...
ARMY | BCMR | CY2011 | 20110009973
The applicant requests that his initial appointment date in the Ohio Army National Guard (OHARNG) be corrected to 1 August 2008 and that his date of rank (DOR) for promotion to Chief Warrant Officer Two (CW2) be corrected to show 1 August 2010. The applicant provides: * His Oaths of Office * Federal Recognition Board proceedings * His discharge and initial appointment orders * A Federal Recognition order * His promotion orders * A letter from the OHARNG Adjutant General CONSIDERATION OF...
ARMY | BCMR | CY2012 | 20120019774
Due to unit transfers, paperwork mishandling, and processing times, his promotion did not occur until 23 July 2012 with a DOR of 13 July 2012. b. His packet was approved by the State promotion board on 16 March 2012 and he was granted Federal recognition for CW2 on 23 July 2012 with a DOR of 13 July 2012. The evidence of record confirms the applicant was appointed as a WO1 in the MOARNG on 7 December 2007 and that he met the minimum time-in-grade and education requirements and was fully...
ARMY | BCMR | CY2011 | 20110001604
Military Personnel Records and advisory opinions (if any). National Guard Regulation 600-101, table 7-2 (Minimum Military Educational Requirements for Promotion and Time in Current Grade Required for Course Enrollment) requires the completion of the warrant officer basic course or equivalent certification within 2 years from date of initial appointment as WO1 for promotion to CW2. As a result, the Board recommends that the State Army National Guard records and the Department of the Army...
ARMY | BCMR | CY2012 | 20120009571
The orders stated the effective date of promotion in the Reserve of the Army and corresponding DOR would be the date the Chief, National Guard Bureau (NGB), extend and Federal Recognition of his state promotion. The advisory official stated: a. the applicant was eligible for promotion to CW2 on 4 February 2011, he was approved for promotion by a State Federal Recognition Board, and his orders for CW2 were published effective 5 April 2011. The OHARNG requested that the applicant be granted...
ARMY | BCMR | CY2009 | 20090000955
IN THE CASE OF: BOARD DATE: 21 May 2009 DOCKET NUMBER: AR20090000955 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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. 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...
ARMY | BCMR | CY2012 | 20120020954
The applicant requests, in effect: * adjustment of initial effective date of appointment and date of rank (DOR) to warrant officer one (WO) from 19 June 2012 to 31 July 2010 * promotion to chief warrant officer two (CW2) * restoration of back pay and allowances 2. Furthermore, had the applicant's Federal recognition date been correct, he would have been promoted to CW2 effective 31 July 2012, the date he met the 2-years time in grade requirements. Contrary to the NGB's advisory opinion,...
ARMY | BCMR | CY2008 | 20080016499
The applicant provides, in support of his application, copies of both of his oaths of office to WO1, Proceedings of a Federal Recognition Examining Board, Federal Recognition orders, promotion orders, and seven additional pages from his military personnel record. There is no evidence of record that shows why a Federal Recognition Board was not convened until almost 2 years after the applicant was appointed. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2013 | 20130005257
The applicant requests: * correction of his date of rank (DOR) to chief warrant officer two (CW2) from 19 February 2013 to 10 November 2012 and his time in grade (TIG) * compensation for the wages he lost as a result of his delayed promotion 2. However, given the fact that the State published the promotion order on 21 November 2012 and the fact that delays in his packet being processed both at the State level and at NGB were no fault of the applicant, and now based on Public Law 112-239, as...
ARMY | BCMR | CY2008 | 20080005458
In the case of an applicant being found qualified for Federal recognition as a CW2, in accordance with paragraph 2-10c(2) of this regulation, except for the successful completion of WOCS and Department of the Army certification, the following statement will be entered on the record of proceedings (NGB Form 89): "the applicant is qualified for appointment as a warrant officer in the Army National Guard and is extended temporary Federal recognition as a warrant officer WO1 as provided by NGR...