IN THE CASE OF:	  

		BOARD DATE:	  7 January 2010

		DOCKET NUMBER:  AR20090013009 


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 his records be corrected by changing his date of rank (DOR) to Chief Warrant Officer Two (CW2) from 22 October 2008 to 
11 September 2008.  

2.  The applicant states that on 14 August 2007, the National Guard Bureau (NGB) published a policy memorandum that allowed accelerated promotions for E-7 to CW2.  He maintains the policy states that an E-7 with a minimum of 24 months time in grade are promotable to CW2 upon completion of the Warrant Officer Basic Course (WOBC).  The applicant states that he submitted his promotion packet, but the packet could not be processed until the DA Form 1059 (Service School Academic Evaluation Report) from WOBC was received.  He adds that he completed WOBC on 11 September 2008 and faxed a copy of his DA Form 1059 to his battalion.  He adds that upon his return from WOBC he was informed that his original promotion packet was never submitted for processing and no explanation was given for the delay.

3.  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.   

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show he was promoted to sergeant first class (SFC)/E-7 in the Maryland Army National Guard (MDARNG) on 1 April 1998.  On 1 July 2008, he was appointed as a Reserve Warrant Officer One (WO1) with an effective date of rank of 22 September 2007.

2.  The applicant's DA Form 1059 shows that he attended and successfully completed WOBC 11 September 2008.  Additionally, NGB Special Orders 268 AR, dated 20 October 2008, show that he was granted Federal recognition as a WO1 effective 11 September 2008.

3.  Orders 297-167, dated 23 October 2008, show that the applicant was promoted to CW2 effective 22 October 2008.  Additionally, NGB Special Orders 278 AR, dated 30 October 2008, show that the applicant was recommended and approved for Federal Recognition as a CW2 effective 22 October 2008.  

4.  A memorandum, dated 14 August 2007, Subject:  Policy to Appoint SFC to CW2 (NGB-ARH Policy Number 07-026), authorized States to appoint SFC to CW2.  The memorandum states that an SFC who served a minimum of two consecutive years as an E7 may be appointed to CW2 in one of two ways:  

   a.  SFC who is certified by the DA military occupational specialty (MOS) proponent prior to the date of initial appointment (attendance of WOBC not required) may be appointed in the grade of CW2 upon completion of the Warrant Officer Course (WOCS).  Constructive credit for WOCS may be granted if the Soldier has satisfactorily completed Officer Candidate School (OCS) within the previous five years.

   	b.  SFC who is eligible for MOS training may be promoted to CW2 after completion of WOCS and WOBC.  Constructive credit for WOCS may be granted if the Soldier satisfactorily completed an OCS within the previous five years.
   
5.  In the processing of this case an advisory opinion was obtained from the NGB, Personnel Division.  The Personnel Division recommended approval of the applicant’s request to adjust his date of rank to 11 September 2008 and to give him the back pay and allowances that the correction would necessitate.  The Personnel Division explained that the applicant coordinated with the MDARNG Senior Army Advisor to review his packet and forward it to NGB for processing upon completion of WOBC and the subsequent receipt of his DA Form 1059.  The Personnel Division offered that a Federal Recognition Examining Board was not held until 22 October 2008 even though the applicant finished WOBC on 
11 September 2008.  The Personnel Division quoted National Guard Regulation 600-101(Warrant Officers - Federal Recognition and Related Personnel Actions) as stating that if the applicant was recommended by a Federal Recognition Board, promotion may be effected on the date the promotion requirements were met.
7.  On 16 September 2009, a copy of the advisory opinion was sent to the applicant for his concurrence and/or acknowledgement.  However, no response was received.

8.  National Guard Regulation 600-601 contains policies and procedures governing the appointment, assignment and management of warrant officers of the Army National Guard.  Chapter 9, paragraph 10(a) states, in pertinent part, that warrant officers may be examined for promotion not earlier than three (3) months in advance of completing the prescribed requirements if recommended by a Federal Recognition Board.  Promotion may be effected on the date the promotion requirements are met. 

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to an adjustment of his effective date and date of rank to CW2 to 11 September 2008, with entitlement to back pay and allowances based on this adjustment. 

2.  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 specified in the advisory opinion, the applicant coordinated with the MDARNG Senior Army Advisor to review his packet and forward it to NGB for processing after his DA Form 1059 was received.  However, this did not occur.  Therefore, in the interest of justice, it would be appropriate to adjust his DOR from 22 October 2008 to 11 September 2008.

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 showing he was promoted to the rank of CW2 with a date of rank and effective date 11 September 2008 with entitlement to all back pay and allowances associated with the new DOR and that he was granted Federal Recognition effective this date.




      _______ _   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)                                         AR20090013009





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ABCMR Record of Proceedings (cont)                                         AR20090013009



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