IN THE CASE OF:
BOARD DATE: 28 May 2009
DOCKET NUMBER: AR20090004086
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 Chief Warrant Officer Two (CW2) be adjusted to 29 June 2008.
2. The applicant states that 28 June 2008 was his actual DOR.
3. The applicant provides no additional documentary evidence in support of his application.
CONSIDERATION OF EVIDENCE:
1. Having prior enlisted service in the Army National Guard, Departments of the Army and the Air Force, National Guard Bureau, Special Orders Number 263 AR, dated 13 October 2006, show the applicant was granted Federal Recognition for appointment to Warrant Officer One (WO1) effective 28 June 2006.
2. The applicant completed the Aviation Warrant Officer Basic Course on
3 October 2007.
3. Departments of the Army and the Air Force, National Guard Bureau, Special Orders Number 334 AR, dated 24 December 2008, show the applicant was granted Federal Recognition for promotion to CW2 effective 10 December 2008.
4. In the processing of this case, a staff advisory opinion was obtained from the National Guard Bureau. That office recommends approval of the applicant’s request to adjust his promotion effective date and DOR to 28 June 2008 and that he receive all back pay and allowances . The recommendation was based on Tables 7-1 and 7-2 of National Guard Regulation 600-101 (Warrant Officer – Federal Recognition and Related Personnel Actions). The opinion states that the applicant's chain of command also supports the requested change of DOR and that the delay in promotion appears to be attributed to communication challenges while deployed and is no fault of the applicant.
5. A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal. On 10 April 2009, he concurred with the opinion.
6. Table 7-1 (Minimum Time-In-Grade for Promotion) of National Guard Regulation 600-101 states that the minimum time in grade as a Warrant Officer One for promotion to CW2 is 2 years.
7. Table 7-2 (Minimum Military Educational Requirements for Promotion and Time in Current Grade Required for Course Enrollment) of National Guard Regulation 600-101 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.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant was appointed a WO1 in the Army National Guard on 28 June 2006. He completed the Aviation Warrant Officer Basic Course and was granted Federal Recognition for promotion to CW2 effective 10 December 2008. He also met the time in grade requirement (24 months).
2. Although the applicant requests that his DOR be adjusted to 29 June 2008, in accordance with the governing regulation, it would be equitable to correct his military records to show his effective date of promotion to CW2 is 28 June 2008 with a DOR of 28 June 2008. It would also be equitable to show he was granted Federal Recognition for promotion to CW2 effective 28 June 2008.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ __X____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that the State Army National Guard records and the Department of the Army records of the individual concerned be corrected by amending Federal Recognition Special Orders Number 334 AR, dated 24 December 2008, to show that he was granted Federal Recognition effective 28 June 2008 in the grade of CW2.
2. The Board further recommends that the applicant be paid all back-pay and allowances due as a result of this correction.
3. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adjusting his DOR to 29 June 2008.
_______ _ 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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