BOARD DATE:	  March 3, 2010

		DOCKET NUMBER:  AR20090010230 


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 he be promoted to chief warrant officer two (CW2) effective 13 December 2007.

2.  The applicant states he was a U.S. Air Force (USAF) captain (CPT) for 4 1/2 years and a fixed wing pilot for 7 years and 3 months after graduating from pilot training.  On 13 December 2007 he was appointed as a warrant officer one (WO1) in the Oklahoma Army National Guard (OKARNG) and believes he should have been appointed in a higher rank due to his prior training and service.

3.  The applicant provides copies of USAF Special Order JB-002487, dated 21 May 2003; a personal data report, dated 3 August 2007; a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 29 September 2007; USAF Reserve Order PC-00481, dated 15 November 2007; a National Guard Bureau (NGB) Form 89 (Proceedings of a Federal Recognition Examining Board), dated 13 December 2007; OKARNG 
Orders 347-002, dated 13 December 2007; an NGB Form 337 (Oath of Office), dated 13 December 2007; OKARNG Orders 092-031, dated 1 April 2008; NGB Special Orders Number 92 AR, dated 7 April 2008; OKARNG Orders 092-225, dated 1 April 2008; OKARNG Orders 229-012, dated 12 August 2008; NGB Orders 322-01, dated 17 November 2008; U.S. Army Human Resources Command (HRC) Orders 325-01, dated 20 November 2008; awards of aeronautical ratings, three USAF certificates of training; an electronic mail message to Colonel B____; and an excerpt from the Smartbook version of DA Pamphlet 611-21 (Military Occupational Classification and Structure).

CONSIDERATION OF EVIDENCE:

1.  The interactive Personnel Electronic Records Management System contains two NGB Forms 22 (Report of Separation and Record of Service) and two DD Forms 214.  These documents show he served in the Arkansas Army National Guard in an enlisted status from 26 October 1992 through 22 February 1995 and from 7 November 1996 through 7 January 1999.  He served as a Regular Air Force officer from 21 May 1999 through 29 September 2007 in the specialty of Reconnaissance/Surveillance/Electronic Warfare Pilot.

2.  He was released from active duty as a CPT under the provisions of Air Force Instruction 36-3207 (Separating Commissioned Officers) with a narrative reason for separation of "Force Shaping" [downsizing] with entitlement to variable separation pay.

3.  USAF Reserve Order PC-00481, dated 15 November 2007, appointed the applicant as a CPT in the USAF Reserve (Ready Reserve).

4.  The applicant applied for and received an appointment in the OKARNG as a WO1, Aviation Branch, in military occupational specialty (MOS) 154C (CH-47D Chinook Helicopter Pilot).  He executed his oath of office on 13 December 2007.

5.  An NGB Form 89 recommended the applicant be granted temporary Federal recognition as a WO1 effective 13 December 2007.

6.  OKARNG Orders 347-002, 13 December 2007, granted the applicant temporary Federal recognition in the rank of WO1 effective 13 December 2007.

7.  NGB Special Orders Number 92 AR, dated 7 April 2008, extended permanent Federal recognition to the applicant in the rank of WO1 effective 13 December 2007.

8.  OKARNG Orders 229-012, dated 12 August 2008, converted the applicant from MOS 154C to MOS 155A (Fixed Wing Aviator, Aircraft Nonspecific).

9.  HRC Orders 325-01, dated 20 November 2008, awarded the applicant the aeronautical designation of Army Aviator and the appropriate badge effective 13 December 2007.

10.  In the development of this case an advisory opinion was obtained from the Chief, Personnel Division, NGB.  It was recommended that the applicant's request be denied as he had not met all requirements for appointment in the higher grade at the time of appointment.  The applicant was granted temporary aviation service status for the duration of his initial entry rotary wing (IERW) training.  He was accessed in MOS 154A (CH-47 pilot) because MOS 155A (fixed wing aviator) is not an accession MOS for Army aviators.  In accordance with Army regulations, all Army Aviators start as helicopter pilots prior to transition to fixed wing aircraft.  It was noted the applicant had to complete IERW training to be certified by the MOS component prior to qualifying for promotion to CW2.  Army Regulation 611-110 (Selection and Training of Army Aviation Officers), paragraph 1-5d, was cited stating that all initial flight training is conducted in helicopters.

11.  A second advisory opinion notes that in order to qualify for appointment as a WO2, a candidate must meet all training requirements.  The training required in this case included both attendance of the warrant officer basic course and completion of rotary wing training (MOS 154A).  The applicant did not meet the basic qualifications and he did not meet any of the exceptions for direct appointment.  Since all Army aviators must be accessed as helicopter pilots (MOS 154A) first and the applicant had no training in helicopters, he could only be appointed in the rank of WO1.  Positions as fixed wing aviators are not accession MOS's.

12.  Copies of the advisory opinions were sent to the applicant.  There is no indication he submitted a response to either opinion.

13.  National Guard Regulation 600-101 (Warrant Officers - Federal Recognition and Related Personnel Actions), paragraph 2-10b(1), states commissioned and former commissioned officers who have served a minimum of 2 years in an active status in the grade of CPT or above and have a minimum of 4 years of experience in the appointment specialty may be appointed to CW2 if they meet all requirements and are certified by the MOS proponent.

14.  Army Regulation 611-110 states that all initial entry flight training is conducted in helicopters.  Upon successful completion of initial training, officers will receive the aeronautical rating of Army aviator.  They will also receive an appropriate aviation specialty or MOS code and transfer to the Aviation Branch.

15.  Army Regulation 600-105 (Aviation Service of Rated Army Officers) prescribes the aviation service policies of rated Army officers and flight surgeons and sets forth the policies, responsibilities, and procedures for qualifying, disqualifying, and re-qualifying officers for aviation service.  It states that to qualify for an Army aviator position, aviators who were rated by another U.S. military service must have graduated from fixed wing or rotary wing pilot training by another U.S. military service plus have held both an aviation service order and aeronautical designation or rating from that other U.S. military service that was not removed by that service for derogatory reasons.  They must be class II medically qualified and HRC will determine training requirements per Army Regulation 95-1(Flight Regulations) when accepting the officer into the Army.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was a USAF CPT for 4 1/2 years and a fixed wing pilot for 7 years and 3 months after graduating from pilot training.  On 13 December 2007 he was appointed as a WO1 in the OKARNG and believes he should have been appointed in a higher rank due to his prior training and service.

2.  The applicant qualified as a aviator in the USAF and served honorably in the USAF for over 8 years until he was released from active duty as a result of downsizing.  He immediately applied for and received a warrant in the Army National Guard, but in accordance with Army requirements he was required to attend rotary wing (helicopter) training before being allowed to transition to a fixed wing position similar to the previous USAF positions in which he served.

3.  There is no indication the applicant ever qualified in rotary wing aircraft prior to his appointment in the Army National Guard as a WO1.  Army regulations require all aviators to first train as rotary wing aircraft pilots before being transitioned to fixed wing positions.  Since he was not qualified for direct accession, an appointment as a WO2 was not appropriate.

4.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ____x___  ___x____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________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)                                         AR20090010230



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ABCMR Record of Proceedings (cont)                                         AR20090010230



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