BOARD DATE: 27 May 2010
DOCKET NUMBER: AR20090015832
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 Federal recognition date for promotion to the rank of chief warrant officer two (CW2) be changed to 19 January 2008.
2. The applicant states he became eligible for promotion to CW2 on 19 January 2008 and he met all of the promotion eligibility requirements. He goes on to state that although his promotion packet was submitted prior to his eligibility, his promotion was delayed for 8 months until 14 August 2008 through administrative delays.
3. The applicant provides a copy of his original promotion packet, copies of electronic mail messages, and copies of his promotion and Federal recognition orders.
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a warrant officer one (WO1) in the Iowa Army National Guard (IAARNG) on 19 January 2006. He completed the Aviation Warrant Officer Basic Course on 2 May 2007.
2. On 1 January 2008, the applicant's promotion packet was submitted through channels for promotion consideration to the rank of CW2 on 19 January 2008.
3. On 7 October 2008, orders were published which granted Federal recognition and promotion of the applicant to the rank of CW2 effective 14 August 2008.
4. In the processing of this case, a staff advisory opinion was obtained from the National Guard Bureau which recommends approval of the applicant's request to adjust his promotion effective date and date of rank to 19 January 2008. Officials at the National Guard Bureau opine that the applicant's promotion packet was not forwarded in a timely manner through no fault of the applicant, which resulted in his promotion/Federal recognition being unjustly delayed from 19 January 2008 to 14 August 2008. The applicant should have been promoted after 24 months of time in grade as a WO1. The advisory opinion was provided to the applicant for comment and to date no response has been received by the Board.
DISCUSSION AND CONCLUSIONS:
1. The applicant was appointed as a WO1 on 19 January 2006 and for reasons that are not fully explained in the available records, his promotion packet and application for permanent Federal recognition were not forwarded to the appropriate authorities for final action in a timely manner.
2. As a result, the applicant's permanent Federal recognition has been unduly delayed through no fault of the applicant. Consequently, the applicant's permanent Federal recognition and subsequent promotion to the rank of CW2 have been unnecessarily delayed.
3. However, had the promotion packet and application for permanent Federal recognition been properly and timely processed, the applicant's date of rank for CW2 would have been 19 January 2008 instead of 14 August 2008 as currently reflected.
4. Accordingly, it would be in the interest of justice at this time to correct the applicant's records by showing that he was granted permanent Federal recognition in the rank of CW2 effective 19 January 2008 with entitlement to all back pay and allowances that flow from this change.
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 that he was promoted to CW2 with a date of rank and effective date of 19 January 2008 and that he was granted permanent Federal recognition in the rank of CW2 effective 19 January 2008 with entitlement to all back pay and allowances that flow from this change.
__________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) AR20090015832
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ABCMR Record of Proceedings (cont) AR20090015832
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