BOARD DATE: 3 December 2009
DOCKET NUMBER: AR20090007402
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 adjustment of her date of rank (DOR) to Chief Warrant Officer Two (CW2) from 16 May 2007 to 22 July 2006.
2. The applicant states that due to an administrative error, she was not promoted to CW2 in a timely manner. She was initially appointed as a Warrant Officer One (WO1) on 22 July 2004, and should have been promoted to CW2 after 2 years in the lower grade.
3. The applicant provides a copy of a 16 January 2009 memorandum from her unit S1 and a copy of the Unit Manning Report.
CONSIDERATION OF EVIDENCE:
1. The applicant is a CW2 assigned to the 1st Battalion, 230th Air Cavalry Regiment, Smyrna, TN, Tennessee Army National Guard (TNARNG) with a DOR of 16 May 2007.
2. The applicants records show she was initially appointed as a WO1 on 22 July 2004. She completed the Initial Rotary Wing and Aviation Warrant Officer Basic Course (WOBC) on 28 July 2005. In July 2006, she was slotted in a CW2 Aeromedical Evacuation Pilot billet and was deemed qualified to occupy that billet.
3. On 16 May 2007, the TNARNG published Orders 136-842 promoting the applicant to CW2 effective 16 May 2007. Special Orders Number 123 AR, Headquarters, National Guard Bureau (NGB), extended her Federal recognition effective 16 May 2007.
4. In the processing of this case, an advisory opinion was obtained on 17 September 2009. The Chief of Personnel Division, NGB, recommended approval of the applicants request to adjust her promotion to CW2 and DOR to 22 July 2006 and that she receive all back pay and allowances as a result of the recommended adjustment. Special Orders Number 215 AR, dated 2 September 2004, reflects the applicants initial appointment as a WO1 on 22 July 2004. She met her educational requirement for promotion to CW2 by completing the Aviation WOBC on 28 July 2005. The advisory opinion then cites Army Regulation 135-155 for promotion eligibility requirements. The opinion also cites a 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 that WO1 promotions to CW2 will occur at 24 months in grade and will be effected by the NGB when the State publishes a State promotion order and forwards it to the NGB not earlier than 90 days prior to the officer meeting the minimum time in grade requirement, provided the officer has met all eligibility requirements. On 21 September 2009, a copy of the advisory opinion was forwarded to the applicant for information and to allow her the opportunity to submit comments or a rebuttal. The applicant did not respond.
5. National Guard Regulation (NGR) 600-101 (Warrant Officers Federal Recognition and Related Personnel Actions) prescribes National Guard policies and procedures governing the appointment, assignment, and management of warrant officers of the Army National Guard. Chapter 7 deals with promotions and states in pertinent part:
a. A warrant officer promoted by the State and extended Federal recognition in the higher grade will be concurrently promoted to the higher grade in the Reserve of the Army.
b. To be considered for Federal recognition and concurrent Reserve of the Army promotion to CW2 following State promotion to fill a unit vacancy, an ARNG WO1 must have his/her unit commanders recommendation and:
(1) be in an active status and duty military occupational specialty (DMOS) qualified;
(2) be medically fit and meet height and weight standards;
(3) have completed 2 years of service as a WO1;
(4) have completed the WOBC; and
(5) have passed an Army Physical Fitness Test.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests her DOR to CW2 be changed from 16 May 2007 to 22 July 2006.
2. The evidence of record shows that the applicant was appointed as a WO1 on 22 July 2004. On 22 July 2006, she met all prerequisites for promotion to CW2, but her State did not submit the appropriate paperwork to the NGB and, as a result, she was not promoted at the 2-year mark.
3. The evidence of record shows that the applicant was granted Federal Recognition as a WO1 effective 22 July 2004 upon her initial appointment in the ARNG and execution of the oath of office. In April 2006, State promotion orders should have been forwarded through The Adjutant General, State of Tennessee, for endorsement to the NGB for extension of permanent Federal recognition. Through no fault of the applicant, this action was not taken.
4. It is clear that an administrative error denied the applicant permanent Federal recognition as a CW2 effective 22 July 2006. Based on applicable law and regulation, she is entitled to have her Federal Recognition orders amended to show the effective date of permanent Federal Recognition in the rank of CW2 as 22 July 2006.
5. Furthermore, the applicant is entitled to receive back pay and allowances as a result of correction of her appointment and promotion to CW2.
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. amending TNARNG Orders 136-842 to show the applicant was promoted to CW2 effective 22 July 2006;
b. amending Federal Recognition Special Orders Number 123 AR, dated
23 May 2007, to show she was extended Federal Recognition in the grade of CW2 effective 22 July 2006;
c. restoration of back pay and allowances as a result of these corrections.
_______ _ _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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