IN THE CASE OF:	  

		BOARD DATE:	  15 April 2010

		DOCKET NUMBER:  AR20090015444 


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 correction of his date of rank (DOR) and effective date of promotion as a chief warrant officer two (CW2) from 22 January 2008 to 14 June 2007.

2.  The applicant states that his promotion to CW2 was held for 7 months because his promotion packet did not contain a flight physical and an Officer Evaluation Report (OER) which was awaiting the senior rater comments or signature.  However, he understands that the promotion regulation does not require such documents for promotion.  He became eligible for promotion on 14 June 2007 and submitted his promotion packet through his chain of command in April 2007.  It was rejected because an OER was missing his senior rater's comments or signature.  The OER was signed two months later and his promotion packet was resubmitted.  However, he still did not receive Federal recognition for this promotion.  He tracked down his promotion packet but was informed in December 2007 that his promotion packet was held at his troop command awaiting a flight physical.  His promotion packet was ultimately considered by a Federal Recognition Board (FRB) in January 2008 and he was granted Federal recognition on 22 January 2008.

3.  The applicant provides an extract of National Guard Regulation 600-101 (Warrant Officers - Federal Recognition and Related Personnel Actions); an extract of Army Regulation 40-501 (Standards of Medical Fitness); copies of his DA Forms 1059 (Service School Academic Evaluation Report), dated 3 May 


2006 and 24 July 2006; a copy of his DA Form 5500 (Body Fat Content 
Worksheet-Male), dated 21 April 2007; a copy of his National Guard Bureau (NGB) Form 337 (Oaths of Office), dated 14 June 2005; a copy of NGB Special Orders Number 347 AR, dated 13 December 2005; a copy of his DA Form 705 (Army Physical Fitness Test (APFT) Scorecard), dated 3 August 2008; copies of email exchanges, dated on various dates in 2007, 2008, and 2009; a copy of his U.S. Army Reserve (USAR) promotion memorandum, dated 29 January 2008; and a copy of NGB Special Orders Number 23 AR, dated 29 January 2008.

CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service, the applicant was appointed as a warrant officer one (WO1) in the Iowa Army National Guard (IAARNG) and executed an NGB Form 337 on 14 June 2005.  He held military occupational specialty (MOS) 153A (Rotary Wing Aviator) and he was assigned to Company C, 2nd Battalion, 211th General Support Aviation Battalion, Waterloo, IA.

2.  On 3 May 2006, he completed the Aviation Warrant Officer Basic Course (WOBC) and on 25 July 2006, he completed the UH-60 Aviator Qualification Course.

3.  On 23 January 2008, Office of the Adjutant General, IAARNG, published Orders 023-017, promoting him to CW2 with an effective date and DOR of 22 January 2008.

4.  On 29 January 2008, NGB published Special Orders Number 23 AR extending him Federal recognition for promotion to CW2 with an effective date and DOR of 22 January 2008.

5.  In the processing of this case, an advisory opinion was obtained on 1 March 2010 from the Chief, Personnel Division, NGB.  The advisory official recommended approval of his request for correction of his CW2 with an effective date and DOR of promotion to reflect 14 June 2007, with retroactive pay and allowances from 14 June 2007 to 21 January 2008.  The official stated that he met the eligibility criteria for promotion to CW2 on 14 June 2007:  He is in an active status and is MOS qualified; he met the 2-year minimum time in grade in the lower grade for promotion to CW2; and he had a valid physical health assessment (PHA), dated 18 March 2007.  He passed his APFT on 18 November 2006 and met the height and weight standards on 21 April 2007.




6.  A copy of the advisory opinion was forwarded to the applicant on 9 March 2010 for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

7.  National Guard Regulation 600-101 prescribes policies and procedures for ARNG warrant officer personnel management.  Chapter 7 states that promotion of warrant officers in the ARNG is a function of the State.  As in original appointments, a warrant officer promoted by State authority has a State status in the higher grade under which to function.  However, to be extended Federal recognition in the higher grade, the officer must satisfy the requirements for this promotion.  Promotions will be based on the Department of the Army proponent duty MOS certification via satisfactory completion of appropriate level of military education; time in grade; demonstrated technical and tactical competence; and potential for service in the next higher grade as determined by an FRB.

8.  A warrant officer must complete the minimum years of promotion service as shown in Table 7-1 (for promotion to CW2, two years in the lower grade) and the education requirements of Table 7-2 (completion of WOBC) of National Guard Regulation 600-101 to attain eligibility for promotion and receive Federal recognition in the higher grade.  Additionally, a WO must be medically fit and meet the height and weight standards as well as pass the APFT.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his effective date of promotion and DOR as a CW2 should be adjusted from 22 January 2008 to 14 June 2007.

2.  The evidence of record shows he met the eligibility criteria for promotion to CW2 on 14 June 2007 in that he was in an active status and was qualified in his MOS.  He had a valid PHA and APFT and had met the height and weight standards.  Since his DOR as a WO1 was 14 June 2005 and since he needed 2 years time in grade for promotion to CW2, he should have been promoted on 14 June 2007.

3.  It is clear that an administrative error denied him promotion on 14 June 2007 as he was fully qualified for promotion on that date.  Therefore, he is entitled to adjustment of his promotion effective date and DOR to CW2 to 14 June 2007 and payment of back pay and allowances as a result of this correction.





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 NGB Special Orders Number 23 AR, dated 29 January 2008, to show that he was extended Federal recognition effective 14 June 2007 in the grade of CW2; and

	b.  paying him 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)                                         AR20090015444



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ABCMR Record of Proceedings (cont)                                         AR20090015444



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