IN THE CASE OF:
BOARD DATE: 21 MAY 2009
DOCKET NUMBER: AR20090004114
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 date of rank (DOR) for promotion to Chief Warrant Officer Two (CW2) be adjusted from 10 December 2008 to July 2008.
2. The applicant states that he was not awarded the rank of [CW2] until 10 December 2008. He contends that his promotion should be backdated from 10 December 2008 to July 2008 due to the delay in the processing of his promotion packet which was submitted in June 2008.
3. The applicant provides no additional documents in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving in the Army National Guard in the rank of CW2.
2. After having prior enlisted service in the California Army National Guard (CAARNG), the applicant was appointed in the CAARNG on 26 July 2006 in the rank of warrant officer one (WO1).
3. On 13 December 2007, the applicant successfully completed the Aviation Warrant Officer Basic Class (WOBC).
4. The applicant was promoted to CW2 on 10 December 2008. National Guard Bureau Special Orders Number 335 AR, dated 29 December 2008, granted him Federal Recognition for promotion to CW2 effective 10 December 2008.
5. In the processing of this case, a staff advisory opinion was obtained from the Chief, Personnel Division, National Guard Bureau. The National Guard Bureau recommended approval of the applicants request for an adjustment of his DOR to CW2 from 10 December 2008 to 26 July 2008 with all back pay and entitlements. The opinion stated that the applicant received his initial appointment as a WO1 on 26 July 2006 and he met the time in grade requirements of National Guard Regulation (NGR) 600-101, Table 7-1, on 26 July 2008. The applicant completed the WOBC on 13 December 2007, thereby meeting the education requirements in NGR 600-101, Table 7-2 which requires the completion of the WOBC for promotion to CW2. The opinion pointed out that the delay in promotion appeared to be attributed to communication challenges while he was deployed and is no fault of the applicant.
6. A copy of the advisory opinion was provided to the applicant in order to allow him to submit comments; however, he did not respond within the allotted time frame.
7. Table 7-1 of NGR 600-101 shows that the minimum time-in grade requirement for promotion to the rank of CW2 is 2 years in the lower grade.
DISCUSSION AND CONCLUSIONS:
1. The applicant was appointed in the Army National Guard on 26 July 2006 in the rank of WO1.
2. The applicant completed the WOBC on 13 December 2007.
3. The applicant was promoted to the rank of CW2, effective 10 December 2008, and he was granted Federal recognition as a CW2 on the same date.
4. Based on the applicant's meeting the time in grade requirements and completing the WOBC, he should have been promoted to CW2 with an effective date and DOR of 26 July 2008 (2 years from the date of his initial appointment).
5. Therefore, the applicant's records should be corrected to show he was promoted to CW2 with an effective date and DOR of 26 July 2008 and that he was granted Federal Recognition on this date.
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:
a. amending Federal Recognition Order Number 335 AR, dated
29 December 2008 to show the individual was extended Federal Recognition, and promoted to the rank of CW2 with an effective date and DOR of 26 July 2008; and
b. paying him any allowances due as a result of this correction.
_______ _ XXX_______ ___
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) AR20090004114
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