BOARD DATE: 24 November 2009
DOCKET NUMBER: AR20090016298
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 his Federal recognition for chief warrant officer three (CW3) be backdated to 21 April 2009.
2. The applicant states that State [DC] Army National Guard (DCARNG) lost his promotion packet and then did not hold state boards for 2 months delaying his promotion from 21 April to 10 July 2009.
3. The applicant provides two DA Forms 1059 (Service School Academic Evaluation Report); Federal recognition orders for warrant officer one, chief warrant officer two (CW2), and CW3; nine pages of electronic mail (e-mail) messages; and two pages of personnel data printouts in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a warrant officer effective 21 September 2001 and promoted to CW2 on 16 October 2003.
2. The DA Form 1059 provided by the applicant shows he completed the Information Systems Technical Warrant Officer Advanced Course 201-09 on 21 April 2009.
3. The evidence indicates upon completing the Warrant Officer Advanced Course on 21 April 2009, the applicant transmitted a copy of his DA Form 1059 via e-mail to the DCARNG. The DCARNG acknowledged receipt and indicated they would try to have a promotion board soon.
4. The applicant was promoted to the rank of CW3 effective 10 July 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 (5 if assigned to a higher graded position) years 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 duty military occupational specialty Warrant Officer Advanced Course prior to the effective date of the next promotion.
7. On 17 September 2009, an advisory opinion was obtained from the National Guard Bureau Personnel Division in the processing of this case. The advisory official recommended approval of the applicant's request to adjust his promotion effective date and date of rank for CW3 from 10 July 2009 to 21 April 2009. He further recommended the applicant receive all back pay and allowances as a result of the adjusted promotion effective date.
8. The advisory official further indicated the applicant met the reduced 4-year time-in-grade requirement for promotion as stated in National Guard Bureau Human Resources Personnel Policy and Readiness Division Policy Memorandum Number 07-025, dated 29 August 2007.
9. The applicant was provided a copy of the advisory opinion and submitted no response.
DISCUSSION AND CONCLUSIONS:
1. The evidence indicates the applicant provided his promotion packet (minus his DA Form 1059 for the Warrant Officer Advanced Course) for CW3 in a timely manner. The evidence also indicates he provided his DA Form 1059 immediately upon graduation from the course. He was actively involved with ensuring his promotion packet was complete and submitted early as evidenced by attached e-mail messages. However, due to administrative delays and no fault of his own, his promotion was delayed until 10 July 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 21 April 2009, the date he completed the Warrant Officer Advanced Course.
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 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 adjusting his Federal recognition date and date of rank and effective date of promotion for CW3 to show 21 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 his 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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