BOARD DATE:	  27 April 2010

		DOCKET NUMBER:  AR20090016436 


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 extension of Federal Recognition as a Warrant Officer One (WO1), effective 21 February 2007 and correction of his promotion and Federal Recognition effective date for Chief Warrant Officer Two (CW2) to reflect 21 February 2009.

2.  The applicant states his request for Federal Recognition as a WO1 was not submitted at the time of his February 2007 appointment as an Army National Guard WO.  He states the error was discovered when the Oklahoma National Guard attempted to promote him to CW2 in February 2009.

3.  The applicant provides documents associated with his initial appointment and subsequent promotion to CW2.  He also submits a statement from the Oklahoma National Guard G1 Officer Branch Chief and from the Director of Personnel/G1.

CONSIDERATION OF EVIDENCE:

1.  The applicant entered military service as an enlisted member of the Oklahoma Army National Guard (OKARNG) in 1984.  In February 2007 he successfully completed Warrant Officer Candidate School, was discharged from the OKARNG, and accepted an appointed as a WO1 in the ARNG on 21 February 2007.  He was ordered to active duty on 21 February 2007 for the purpose of completing the Aviation Warrant Officer Basic Class and remained on active duty until 14 May 2008 when he was released from active duty at the completion of training and returned to his National Guard unit in Oklahoma.  An Academic Evaluation Report rendered in May 2008 confirms successful completion of the Warrant Officer Basic Course.

2.  According to information contained in the statement provided by the Oklahoma National Guard G1 Officer Branch Chief, in February 2009 the applicant appeared before a Federal Recognition Board (FRB) for promotion to CW2.  Upon applying for Federal Recognition the National Guard Bureau (NGB) determined he was not extended Federal Recognition as a WO1 in February 2007.  The G1 Officer Branch Chief noted they were unable to locate documents associated with the applicant’s initial FRB action.

3.  In an effort to rectify the situation, new appointment orders were issued; the applicant re-executed his WO1 oath of office; and Federal Recognition in the rank of WO1 was extended effective 1 April 2009, nearly two months after the applicant should have been promoted to CW2.  NGB Special Orders Number 103, dated 24 April 2009, announced the extension of Federal Recognition for the purpose of initial appointment in the rank of WO1, effective 1 April 2009.

4.  In the processing of this case an advisory opinion was provided by the NGB, Chief, Personnel Division.  The advisory official recommended approval of the applicant’s request for Federal Recognition in the rank of WO1 retroactive to
21 February 2007 and that the Board also promote the applicant to CW2 and extend Federal Recognition in that rank, effective 21 February 2009, with entitlement to any and all associated back pay and allowances resulting from the correction to his records.

5.  The advisory official noted that in accordance with National Guard Regulation 600-101 (Warrant Officers - Federal Recognition and Related Personnel Actions), the appointment of warrant officers in the ARNG is a function of the State.  Upon appointment and execution of an Oath of Office, a Soldier assumes a State status under which he/she serves.  Such a Soldier acquires a Federal status when he/she is federally recognized by the Chief of the NGB and appointed as a Reserve of the Army.  The effective date of Federal Recognition is the date the warrant officer executes the Oath of Office.  The regulation also states in order for a warrant officer to be concurrently appointed as a Reserve warrant officer of the Army, the State action must be Federally recognized.

6.  The opinion also noted the applicant met eligibility requirements for promotion to CW2 on 21 February 2009.


7.  The applicant was provided a copy of the advisory opinion for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

8.  The applicant also served a period of active duty service between October 2008 and September 2009 in support of Operation Iraqi Freedom (OIF).

9.  References:

   a.  National Guard Regulation 600-101 states Warrant Officers of the Army National Guard are appointed and promoted by the State.  In order for a warrant officer to be concurrently appointed, promoted, or receive a specialty designation redsignation as a Reserve warrant officer of the Army, the State action must be federally recognized.  Federal Recognition action is the process which ensures that an officer appointed, promoted, or redesignated to an authorized grade and position vacancy in the Army National Guard meets the prescribed laws and regulations.

   b.  National Guard Regulation 600-101 states a board of officers will be convened to determine whether applicants for Federal Recognition meet the medical, moral, and professional qualifications to perform the duties of the grade and position for which examined.  A warrant officer who is Federally recognized is tendered an appointment as a Reserve Warrant Officer of the Army with assignment to the Army National Guard of the United States.

   c.  National Guard Regulation 600-101, chapter 7, establishes the policies and procedures for the promotion of National Guard Warrant Officers.  That portion of the regulation states individuals may be promoted to CW2 after serving two years in the lower grade of WO1 and completion of a Warrant Officer Basic Course, or equivalent certification within two years from the date of initial appointment as a WO1.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant was initially appointed as a WO1 in the OKARNG and executed appropriate oath of office documents on 21 February 2007.  He then went on to successfully complete the Warrant Officer Basic Course.  It is unclear why Federal Recognition was never extended to the applicant on 21 February 2007 as it should have been under normal circumstances.


2.  The applicant was deployed in support of OIF in October 2008.  He met the eligibility requirements for promotion to the rank of CW2 on 21 February 2009 while deployed to Iraq.  As noted in the statement from the OKARNG G1 Officer Branch Chief it was during the processing of the applicant’s promotion to CW2 that the failure of his initial Federal Recognition action was discovered.

3.  Clearly the applicant served in the OKARNG with the full belief that he was in compliance with applicable Federal Recognition requirements which subsequently impacted his promotion to CW2.  Had the applicant been extended initial Federal Recognition on 21 February 2007 he would have been promoted to CW2 and extended Federal Recognition in that rank on 21 February 2009 when he met requirements for promotion to CW2.

4.  The NGB and the OKARNG support the applicant’s request and the evidence supports a conclusion that an error and injustice has occurred in this case.  As such it would be appropriate to correct the applicant’s records to show he was extended Federal Recognition for the purpose of initial appointment in the rank of WO1 on 21 February 2007; that he was subsequently promoted to the rank of CW2 and extended Federal Recognition in that rank, effective 21 February 2009; and that the Defense Finance and Accounting Service (DFAS) pay him all back pay and allowances resulting from 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 State Army National Guard records and Department of the Army records of the individual concerned be corrected by:

	a.  amending NGB Special Orders Number 103 AR, dated 24 April 2009, to show he was granted Federal Recognition for the purpose of initial appointment in the rank of WO1, effective 21 February 2007;

	b.  promoting him to CW2 effective and with a date of rank of 21 February 2009, and extending him Federal Recognition in that rank, effective 21 February 2009; and

	c.  paying him any adjustment of pay due as a result of these changes.



      __________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)                                         AR20090016436



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ABCMR Record of Proceedings (cont)                                         AR20090016436



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