BOARD DATE: 17 June 2010
DOCKET NUMBER: AR20090018020
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 correction of her military records to show she was promoted to the rank/grade of Chief Warrant Officer Two (CW2)/W-2, with an effective date and date of rank of 26 November 2008 instead of 5 May 2009.
2. The applicant states that an administrative error prevented the prompt and complete submission of a complete promotion packet.
3. The applicant provides copies of her recommendation for promotion, dated
19 February 2009; Personnel Qualification Record, prepared on 2 March 2009; DA Form 5501 (Body Fat Content Worksheet), dated 7 June 2008; DA Form 705 (Army Physical Fitness Test Scorecard), dated 7 June 2008; DA Form 3349 (Physical Profile), dated 13 March 2009; DA Form 1059 (Service School Academic Evaluation Report), dated 25 November 2008; Orders 17-01, issued by the 70th Troop Command, Missouri Army National Guard (MOARNG), Centertown, MO, dated 4 September 2001; Orders 071-292, issued by Headquarters, MOARNG, Joint Force Headquarters, Jefferson City, MO, dated 12 March 2007; and National Guard Bureau (NGB) Special Orders Number
186 AR, dated 4 August 2009.
CONSIDERATION OF EVIDENCE:
1. At the time of her application, the applicant was serving in the rank of CW2 as a member of the MOARNG.
2. Orders 134-355, issued by Headquarters, MOARNG, Joint Force Headquarters, Jefferson City, MO, dated 14 May 2009, promoted the applicant to CW2 effective 5 May 2009.
3. In processing this case, on 3 April 2010, an advisory opinion was obtained from the Chief, Personnel Division, NGB, Arlington, VA. The advisory official recommended approval of the applicant's request to correct her effective date and date of rank for CW2 to 26 November 2008. It also recommended that she receive back pay and allowances based on this correction.
a. Under the provisions of National Guard Regulation 600-101 (Warrant Officers - Federal Recognition and Related Personnel Actions), chapter 7, paragraph 7-1, the promotion of warrant officers in the ARNG is a function of the State. Paragraph 7-2a states, "Promotions will be based on DA proponent duty MOS certification via satisfactory completion or constructive credit of appropriate level of military education; time in grade; demonstrated technical and tactical competence; and potential for service in the next higher grade as determined by a Federal Recognition Board."
b. NGB Policy Memorandum 07-026, subject: Policy to Appoint Sergeant First Class (SFC) to CW2, dated 14 August 2007, authorized E-7's who served a minimum of 2 consecutive years as an E-7 to be promoted to CW2 after completion of Warrant Officer Candidate School (WOCS) and the Warrant Officer Basic Course (WOBC).
c. The applicant met the eligibility for promotion to CW2 under the provisions of NGR 600-101 and NGB Policy Memorandum 07-026 by being MOS qualified, medically fit, within height and weight standards, serving as an E-7 for more than 2 consecutive years, passing the Army Physical Fitness Test, and completing WOCS and WOBC, all by 25 November 2008.
d. The warrant officers of the ARNG are appointed and promoted by the States, but due to circumstances outside of the applicant's control and the errors made by the unit processing the promotion, the applicant's effective date and date of rank was seriously affected. The applicant had submitted her promotion packet in a timely manner but the Federal Recognition Board did not act in a timely manner when determining that she was technically and tactically competent for promotion. The Federal Recognition Board did not publish her promotion orders until 4 August 2009.
e. The NGB promotion policies were implemented to positively influence approximately 8,294 potential E-7 applicants to become warrant officers. Therefore, the advisory official recommended approval of the applicant's request as remedy for the errors and delay in processing her promotion.
4. On 12 April 2010, a copy of the advisory opinion was forwarded to the applicant for information and to allow her the opportunity to submit comments or a rebuttal. The applicant did not respond.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends her military records should be corrected to show she was promoted to CW2/W-2, with an effective date and date of rank of
26 November 2008.
2. The available evidence clearly shows the applicant met all of the requirements and she was fully qualified for promotion to CW2 as of 26 November 2008. Furthermore, the evidence shows that her promotion was delayed due to administrative errors that were through no fault of her own.
3. In view of the above, the applicant's military records should be corrected to show that she was promoted to CW2 with an effective date and date of rank of 26 November 2008, and that she be paid any monies due as a result of 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 the State Army National Guard records and the Department of the Army records of the
individual concerned be corrected by showing that she was promoted to
CW2/W-2 with an effective date and date of rank and Federal recognition date of 26 November 2008, and that she be paid any monies due as a result of 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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