IN THE CASE OF:
BOARD DATE: 22 SEPTEMBER 2009
DOCKET NUMBER: AR20090004606
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, correction to his date of rank for chief warrant officer two (CW2) from 16 August 2007 to 31 March 2007, with all back pay and entitlements.
2. The applicant states, in effect, that he was promoted to CW2 five months later than eligible for reasons uncontrolled by his parent unit. The tardiness of his orders was cause by inefficiency in processing and promotion board delays that were incurred. The date of eligibility, without a waiver, is 24 months after the Soldier is approved to the rank of warrant officer one (WO1). The requirements include the completion of the officer's technical and tactical certification in the WO career occupational specialty.
3. The applicant provides copies of his WO Candidate School diploma; his DA Form 1059 (Service School Academic Evaluation Report); his CW2 promotion memorandum, orders, and Federal Recognition orders; and his 2006 and 2007 officer evaluation reports in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he was appointed in the Missouri ARNG as a WO1 on 31 March 2005. He completed the Aviation WO Basic Course (WOBC) on 6 April 2006.
2. Based on the required 2 years time in grade, his promotion eligibility date for CW2 was 31 March 2007.
3. The applicant was promoted to CW2 with an effective date and date of rank of 16 August 2007.
4. On 9 October 2007, the National Guard Bureau (NGB) published Special Orders Number 242 AR, extending him Federal Recognition in the grade of CW2 with an effective date of 16 August 2007.
5. In an advisory opinion, dated 27 July 2009, the Chief, NGB Personnel Division (NGB-ARP), reiterated the applicant's request. The NGB official recommended approval of the applicant's requests with entitlement to all back pay and allowances. The NGB-ARP official stated that the applicant received initial appointment as a WO1 on 31 March 2005 and he met the time in grade requirements of National Guard Regulation (NGR) 600-101, Table7-1, on
31 March 2007. He attended the Initial Entry Rotary Wing Course and completed the WO Basic Course (WOBC) on 6 April 2006; thereby meeting the education requirements in NGR 600-101, Table 7-2, which requires the completion of the WOBC for promotion to CW2. In accordance with Department of the Army, Office of the Deputy Chief of Staff G-1, Amendment to Policy memo, dated
14 January 2005, which states in pertinent part, "All Reserve Component officers in the rank of second lieutenant will be promoted to first lieutenant when they meet the time in grade requirements (24 months) for promotion, and complete the OBC. This would also apply to WO1 who would be promoted to CW2 when they meet the time in grade requirements (24 months) for promotion and complete the WOBC. In this case of ARNG officers, the State will publish a State promotion order and forward it to the NGB-ARP no earlier than 90 days prior to the officer meeting the minimum time in grade requirement provided the officer had completed the WOBC and is otherwise eligible for promotion.
6. The advisory opinion was forwarded to the applicant for acknowledgement and/or rebuttal on 3 August 2009. He did not respond.
DISCUSSION AND CONCLUSIONS:
1. The applicant was appointed as a WO1 with a date of rank of 31 March 2005 and completed the WOBC on 6 April 2006. Based on the requirement for completion of 2 years time in grade for promotion to CW2, the applicant was eligible for promotion on 31 March 2007. He was extended Federal Recognition and promoted to CW2 on 16 August 2007. Through no fault of the applicant, his promotion was delayed. It is concluded that an administrative error denied the applicant a timely promotion to CW2.
2. Based on applicable laws and regulations, the applicant met the requirements for and is entitled to promotion to CW2 and extension of Federal Recognition on 31 March 2007, with entitlement to back pay and allowances. Therefore, he is entitled to correction of his records to show he was promoted to CW2 in the MOARNG on 31 March 2007, with all appropriate adjustment of pay and allowances. The Special Orders Number 242 AR, dated 9 October 2007, should be declared void and of no force or effect.
3. In view of the foregoing, and insofar as the Department of the Army is concerned, the applicants records should be corrected as recommended below.
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 of Missouri Army National Guard and Department of the Army records of the individual concerned be corrected by:
a. voiding Special Orders Number 242 AR, dated 9 October 2007; and declaring them to be of no force or effect; and
b. promoting the applicant to the rank of CW2 on 31 March 2007 and granting him extension of Federal Recognition effective the same day, with entitlement to back pay and allowances.
_______ _ __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.
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