IN THE CASE OF:
BOARD DATE: 16 March 2010
DOCKET NUMBER: AR20090015776
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 date of rank (DOR) to Chief Warrant Officer Two (CW2) be corrected to show the effective date of 18 December 2008.
2. The applicant states he completed the Warrant Officer Basic Course (WOBC) on 18 December 2008 and was eligible for advancement to CW2 on that date since he had more than 2 years time in grade as an E-7/Sergeant First Class (SFC) prior to his Federal Recognition date. He argues that his promotion packet was delayed for approximately 8 months while awaiting an Officer Evaluation Report from his previous unit.
3. The applicant provides a DA Form 1059 (Service School Academic Evaluation Report) and promotion orders in support of this application.
CONSIDERATION OF EVIDENCE:
1. After having had prior enlisted service in the Regular Army, the applicant enlisted in the Army National Guard (ARNG) on 20 September 1985. He was promoted to SFC effective 19 November 2002. He was laterally appointed to Warrant Officer Candidate on effective 29 March 2007 and he was appointed to Warrant Officer One (WO1) effective 22 September 2007.
2. On 18 December 2008, the applicant completed the Network Management Technician Warrant Officer Basic Course.
3. A memorandum from the National Guard Bureau (NGB), dated 13 July 2009, shows the applicant was promoted to CW2 effective 18 June 2009.
4. Departments of the Army and the Air Force, NGB, Special Orders Number 168 AR, dated 13 July 2009, show the applicant was granted Federal Recognition for promotion to CW2, effective 18 June 2009.
5. In the processing of this case, a staff advisory opinion was obtained from the NGB. That office recommends approval of the applicant's request to adjust his DOR to CW2 to reflect 18 December 2008. The recommendation to adjust the applicant's DOR is based on NGB Memorandum Number 07-026, Subject: Policy to Appoint SFC to CW2.
6. 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. The advisory opinion pointed out that due to a delay in processing the applicant's promotion to the grade of CW2, his DOR was erroneously calculated and reflects 18 June 2009. 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.
7. On 3 February 2010, a copy of the advisory opinion was forwarded to the applicant for information and to provide him the opportunity to submit comments and/or a rebuttal. The applicant did not respond within the given time frame.
8. A memorandum, dated 14 August 2007, Subject: Policy to Appoint SFC to CW2 (NGB-ARH Policy Memo #07-026), states, in pertinent part, that "SFC who has served a minimum of two consecutive years as an E7 may be appointed to CW2 in one of two ways:" and further states "SFC (E7) who is eligible for MOS training may be promoted to CW2 after completion of WOCS and WOBC."
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicant was promoted to SFC on
19 November 2002 and he held the rank continuously until appointment to WO1 on 22 September 2007. Evidence of record also shows that he completed the Network Management Technician Warrant Officer Basic Course on 18 December 2008. Based on the foregoing, and in accordance with NGB-ARH Policy Memorandum Number 07-026, the applicant's promotion effective date to CW2 should be corrected to show 18 December 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 Department of the Army records of the individual concerned be corrected by showing he was promoted to CW2 and granted Federal recognition as a CW2 effective 18 December 2008 and paying him any and all back pay and allowances due 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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