IN THE CASE OF:
BOARD DATE: 5 November 2009
DOCKET NUMBER: AR20090005809
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, adjustment of his date of rank (DOR) for Chief Warrant Two (CW2) to 2 July 2008, with all back pay and allowances.
2. The applicant states that the parent battalion and brigade were in training for deployment and that his promotion packet was overlooked or personnel were not available to process and forward his packet for consideration in a timely manner.
3. The applicant provides a recommendation for promotion and promotion orders in support of his application.
CONSIDERATION OF EVIDENCE:
1. Having prior active service in the Regular Army (RA), the applicant enlisted in the Army National Guard (ARNG) on 4 March 1986. He was promoted to the rank/grade of sergeant first class (SFC)/E-7 on 1 February 1995. He was appointed a Warrant Officer One (WO1) on 22 September 2007.
2. The applicant completed the Warrant Officer Basic Course on 13 June 2008.
3. Departments of the Army and the Air Force, National Guard Bureau (NGB), Special Orders Number 156 AR, dated 24 June 2008, show the applicant was granted Federal Recognition for a change of military occupational specialty (MOS) to 915A, effective 13 June 2008.
4. The applicant provided a recommendation for promotion to CW2, dated 2 July 2008, from his commander. This recommendation states, in pertinent part, that the applicant had clearly demonstrated the required fitness for the responsibilities and duties of the position, grade, and branch/MOS for which recommended and that he met the minimum military and civilian educational requirements.
5. Texas Military Forces, ARNG orders, dated 28 October 2008, show the applicant was promoted to CW2 effective 24 October 2008 with a DOR of
22 September 2007.
6. Departments of the Army and the Air Force, NGB, Special Orders Number 306 AR, dated 8 December 2008, show the applicant was granted Federal Recognition, effective 24 October 2008, for the purpose of promotion to CW2.
7. In the processing of this case, a staff advisory opinion was obtained from the NGB, Chief, Personnel Division. The advisory official recommends approval of the applicants request. The opinion points out that the applicant was promoted to SFC on 1 February 1995 and that he continuously served in that rank until attending Warrant Officer Candidate School (WOCS). The applicant received his initial appointment as a WO1 on 22 September 2007, he completed Warrant Officer Basic Course (WOBC) on 13 June 2008, and he met the education requirements for promotion to CW2.
8. The advisory official states that in accordance with NGB, Policy Division, Policy Memorandum Number 07-026, dated 14 August 2007, an SFC who has served a minimum of 2 consecutive years as an E-7 may be appointed to CW2 in one of two ways. The memorandum states that "SFC/E7 who is eligible for MOS training may be promoted to CW2 after completion of WOCS and WOBC."
9. The advisory official further states that the applicant was appointed a WO1 with a DOR of 22 September 2007 and he completed WOBC on 13 June 2008. He was fully eligible to be promoted on 2 July 2008 when he was recommended for promotion by his commander; however, through no fault of his own, his promotion was delayed until 24 October 2008.
10. A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal. The applicant did not respond within the given time frame.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant was appointed a WO1 on
22 September 2007. He completed WOBC on 13 June 2008 and he was granted
Federal Recognition for a change of MOS to 915A effective 13 June 2008. The advisory official points out that the applicant was fully eligible to be promoted on 2 July 2008 when he was recommended for promotion by his commander. However, through no fault of his own, his promotion was delayed. Orders show the applicant was granted Federal Recognition for promotion to CW2 effective
24 October 2008.
2. Based on the foregoing, and in accordance with the regulatory guidance, it would be equitable to correct the applicants military records to show his effective date of promotion to CW2 is 2 July 2008 with a DOR of 2 July 2008. It would also be equitable to show he was granted Federal Recognition for promotion to CW2 effective 2 July 2008.
BOARD VOTE:
___X___ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ 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 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, as appropriate by amending NGB Special Orders Number 306 AR, dated 8 December 2008, to show that he was promoted to CW2 with a date of rank and effective date of 2 July 2008 and that he was granted Federal Recognition effective 2 July 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.
__________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) AR20090005809
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090005809
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080018199
The evidence of record shows that the applicant was granted temporary Federal recognition effective 7 March 2007 upon his completion of WOCS and execution of an oath of office. Subsequently, the applicant's Federal recognition packet was considered by a second GAARNG Federal Recognition Board on 13 December 2007 and the applicant executed a second oath of office on that date. Based on the recommendations of the second GAARNG Federal Recognition Board, the NGB issued orders awarding the...
ARMY | BCMR | CY2012 | 20120008635
The NGB Form 89 states: The applicant is qualified for appointment as a WO of the ARNG and is extended temporary Federal recognition as a WO, as provided in National Guard Regulation (NGR) 600-101 (Warrant Officers Federal Recognition and Related Personnel Actions), to be effective from the date of successful completion of Warrant Officer Candidate School (WOCS). c. Per the Soldier's NGB Form 89, Proceedings of a Federal Recognition Examining Board dated 20 April 2010, he is promotable to...
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...
ARMY | BCMR | CY2009 | 20090013009
The applicant provides a copy of his DA Form 1059, numerous orders, NGB 89 (Proceedings of a Federal Recognition Examining Board), and NGB-ARH Policy Memorandum 07-026. The evidence of record shows that the applicant completed WOBC on 11 September 2008 and was entitled to promotion to CW2 upon completion of the course. 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 showing he was promoted...
ARMY | BCMR | CY2014 | 20140018149
The applicant requests her date of rank (DOR) for promotion to chief warrant officer two (CW2) in the Georgia Army National Guard (GAARNG) be amended to the date she completed the Warrant Officer (WO) Basic Course (WOBC). National Guard Regulation (NGR) 600-101 (WO Federal Recognition and Related Personnel Actions), paragraph 2-10c (in effect at the time) essentially states a Soldier in the rank of MSG may be promoted to CW2 in one of two ways, after first having served in the rank for 2...
ARMY | BCMR | CY2013 | 20130007860
His effective date for promotion to E-7 was 9 August 2006; his effective date of appointment to warrant officer candidate was 28 July 2010; his effective date of appointment to warrant officer one (WO1) was 10 November 2010; his completion of WOBC and State promotion to CW2 was 18 April 2012; and his Federal recognition effective date of rank was 28 December 2012. c. All prerequisites to meet the promotion eligibility guidelines for CW2 were achieved. The applicant provides: * NGB Policy...
ARMY | BCMR | CY2009 | 20090015776
The advisory opinion states that the applicant was promoted to SFC on 19 November 2002, was appointed to and completed the WOBC on 18 December 2008, and met the eligibility criteria of NGB Memorandum Number 07-026. Their office recommends the Texas Army National Guard publish a corrected copy of orders promoting the applicant to CW2 with an effective date of 18 December 2008. DISCUSSION AND CONCLUSIONS: Evidence of record shows the applicant was promoted to SFC on 19 November 2002 and he...
ARMY | BCMR | CY2014 | AR20140005417
The applicant provides: * NGB Form 62E (Application for Federal Recognition as an Army National Guard (ARNG) Officer or Warrant Officer and Appointment as a Reserve Commissioned Officer or Warrant Officer of the Army in the ARNG of the United States), dated 1 November 2010 * NGB Form 89, dated 20 January 2011 * NGB PPOM 11-045, dated 26 July 2011, subject: Guidance Concerning Applications for Federal Recognition of Warrant Officers * DA Form 71 (Oath of Office Military Personnel), dated 24...
ARMY | BCMR | CY2011 | 20110025106
The applicant requests, in effect, his effective date of promotion and date of rank to chief warrant officer two (CW2) in the Army National Guard (ARNG) be adjusted from 18 November 2007 to 19 October 2006. DISCUSSION AND CONCLUSIONS: Evidence of record shows the applicant was promoted to SFC on 1 February 2003 and he held the rank continuously until appointment to WO1 on 18 November 2005. Based on the foregoing, and in accordance with NGB-ARH Policy Memorandum Number 07-026, his promotion...
ARMY | BCMR | CY2013 | 20130006623
c. Paragraph 9-15b(6) states in the case of an applicant being found qualified for Federal recognition as a CW2 in accordance with paragraph 2-10c(2), except for the successful completion of WOCS and Department of the Army MOS certification (i.e., completion of WOBC), the following statement will be entered on the 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, W1, as...