IN THE CASE OF:
BOARD DATE: 08 April 2010
DOCKET NUMBER: AR20090016049
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 for chief warrant officer three (CW3) be backdated from 25 June to 27 April 2009.
2. The applicant states he was fully qualified in his military occupational specialty (MOS) 915E with all prerequisite criteria completed on 16 January 2009. He states that due to battalion and brigade S-1 personnel, his packet was not submitted in a timely manner.
3. The applicant provides a DA Form 1059 (Service School Academic Evaluation Report) and his last promotion order.
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a warrant officer effective 14 May 2003 and promoted to CW2 on 27 April 2005.
2. The applicant's DA Form 1059 shows he completed the Reserve Component Senior Automotive Maintenance Officer Warrant Officer Advanced Course Phase 2, 001-09 on 16 January 2009.
3. A memorandum, subject: Recommendation for Promotion of Warrant Officer, dated 17 February 2009, shows the applicant met the minimum military and civilian requirements for promotion and was recommended for promotion by the battalion administrative officer. This document shows it was not initialed for forwarding to state headquarters until 3 May 2009.
4. The applicant was promoted to the rank of CW3 effective 25 June 2009.
5. Army National Guard Regulation 600-101 (Warrant Officers Federal Recognition and Related Personnel Actions), Table 7-1, prescribes that warrant officers in the rank of CW2 must serve a minimum of 6 years (5 years if assigned to a higher graded position) in that grade to meet the time-in-grade requirement for promotion to CW3. Table 7-2 further prescribes that for selection for CW3, warrant officers must complete the Warrant Officer Advanced Course prior to the effective date of the next promotion.
6. NGB memorandum, subject: Policy to Implement a Change in Time-In-Grade for Warrant Officer Promotion from CW2 to CW3, dated 29 August 2007, states, effective on the date of this memorandum, States are hereby authorized to consider CW2 for promotion to CW3 with a reduced minimum time-in-grade of
4 years when promotion consideration to CW3 is supported by an assignment to a higher graded position.
7. On 10 September 2009, an advisory opinion was obtained from the National Guard Bureau (NGB) Personnel Division in the processing of this case. NGB recommended approval of the applicant's request to adjust his promotion effective date and date of rank for CW3 from 25 June to 27 April 2009. NGB further recommended the applicant receive all back pay and allowances as a result of the adjusted promotion effective date.
8. The advisory official indicated Orders 317-828, dated 13 November 2006, assigned the applicant to a CW3 position, effective 1 December 2006. On 27 April 2009, the applicant met the reduced 4-year time-in-grade requirement for promotion as stated in NGB Human Resources Personnel Policy and Readiness Division Policy Memorandum Number 07-025, dated 29 August 2007.
9. National Guard Regulation 600-101 (Warrant Officers - Federal Recognition and Related Personnel Actions), chapter 9, paragraph 10(a) states warrant officers may be examined for promotion not earlier than three months in advance of completing the prescribed requirements of chapter 7 of this regulation, if recommended by a Federal Recognition Board, promotion may be effected on the date the promotion requirements are met.
10. The applicant was provided a copy of the advisory opinion and submitted no response.
DISCUSSION AND CONCLUSIONS:
1. The evidence indicates the applicant met all prerequisites for promotion to CW3 and was recommended for promotion for CW3 in a timely manner. However, it appears that due to administrative delays and no fault of his own, his promotion was delayed until 25 June 2009.
2. As a matter of equity and justice, it would be appropriate to correct the applicant's records to show he was promoted to CW3 effective 27 April 2009, the date he completed 4 years time-in-grade at the rank of CW2.
3. Based on the applicant's entitlement to an adjustment of his effective date of Federal recognition for CW3, he is entitled to the difference in pay that the correction will necessitate.
4. In view of the foregoing, the applicant is entitled to have his records corrected as shown below.
BOARD VOTE:
___X___ ____X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends all State Army National Guard and Department of the Army records of the individual concerned be corrected by adjusting his Federal recognition date, date of rank, and effective date of promotion to CW3 to show 27 April 2009.
2. The Board further recommends that based on the above correction the Defense Finance and Accounting Service should audit the applicant's pay account and pay him accordingly based on 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.
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