IN THE CASE OF:	  

		BOARD DATE:	  14 September 2010

		DOCKET NUMBER:  AR20090021810 


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 adjustment of his date of rank (DOR) for chief warrant officer two (CW2) to 11 July 2009.

2.  The applicant states:

* he completed his promotion packet 2 months prior to his eligibility date, yet it took 6 months for his packet to get through the State board
* although he was informed by the S-1 multiple times that his packet was complete and it would be in the next board, for the first 2 months the packet was not submitted to the board for unknown reasons
* the board found errors in his packet and never informed anyone of the errors
* it was an oversight that should have been caught, recognized, and fixed

3.  The applicant provides:

* a memorandum from his company commander
* his promotion packet
* emails
* excerpts from Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers)
* his warrant officer one (WO1) orders
* a National Guard Bureau (NGB) Form 337 (Oaths of Office)
* a DA Form 1059 (Service School Academic Evaluation Report)

CONSIDERATION OF EVIDENCE:

1.  Having prior enlisted service in Army National Guard, the applicant was appointed as a WO1 in the North Carolina Army National Guard (NCARNG), effective 11 July 2007.

2.  The applicant completed the Aviation Basic Officer Leaders Course on 18 March 2009.

3.  On 3 May 2009, the applicant submitted his CW2 promotion packet.

4.  On 14 October 2009, a NCARNG State Federal Recognition Board (FRB) found the applicant qualified for appointment/promotion to CW2.

5.  NCARNG orders, dated 16 November 2009, show the applicant was promoted to CW2, effective 12 November 2009, with a DOR of 12 November 2009.  These orders were amended to show the effective date was 29 October 2009.

6.  On 16 November 2009, an NGB advisory opinion states the applicant was never granted "initial" federal recognition as a WO1 and his temporary federal recognition had expired.

7.  On 4 January 2010, the NCARNG conducted a State FRB for the applicant's initial appointment in the rank/grade WO1/W-1.

8.  Departments of the Army and the Air Force, NGB, Special Orders Number 13 AR, dated 25 January 2010, show the applicant was extended federal recognition for initial appointment in the rank/grade of WO1/W-1, effective 15 January 2010.

9.  On 29 January 2010, the NGB advisory opinion states the NCARNG requested an exception to policy to promote the applicant to CW2 with less than 
2 years time in grade.  On 5 March 2010, the NGB, Personnel Policy and Readiness Division, disapproved the request; however, on 26 March 2010, after further deliberation the request was reconsidered and approved.

10.  On 1 April 2010, the applicant's promotion orders (NCARNG orders, dated 
16 November 2009) were revoked.


11.  Departments of the Army and the Air Force, NGB, Special Orders Number 61 AR, dated 1 April 2010, show the applicant was granted federal recognition for promotion to CW2, effective 26 March 2010.

12.  In the processing of this case, a staff advisory opinion was obtained from the NGB, Chief, Personnel Division, Arlington, VA.  The advisory official recommends approval of the applicant's request to adjust his CW2 DOR to
11 July 2009.  Furthermore, the NGB recommends backdating the applicant's effective date of promotion to 11 July 2009 which authorizes the applicant back pay and allowances from 11 July 2009 to 25 March 2010.  During review of the applicant's case, the advisory official found errors in the applicant's WO1 DOR; therefore, the applicant's WO1 DOR should be corrected to reflect 11 July 2007.

13.  The advisory opinion states there were several errors in processing the applicant's federal recognition for initial appointment in the rank of WO1, which were not the applicant's fault, and which affected his promotion to CW2 in a timely manner.  The errors were:

* the failure of completing the initial federal recognition which was not the fault of the applicant
* it was the responsibility of the NCARNG to process the applicant's federal recognition
* the applicant submitted his CW2 promotion packet 60 days prior to his two years time in grade as WO1 based on a DOR 11 July 2007 stated on the NCARNG appointment orders
* on 16 November 2009 the NCARNG found the applicant's federal recognition for initial appointment was never completed which caused a chain of events to correct the error
* the result of this error caused the applicant's initial appointment to the grade of WO1 to have an effective date of 15 January 2010

14.  The advisory official recommends correction of the applicant's WO1 DOR and effective date to 11 July 2007.  Upon correction of the applicant's WO1 DOR, the applicant met all the eligibility criteria for promotion to CW2 on 11 July 2009; therefore, the advisory official recommends approval of the applicant's request to have his CW2 DOR and effective date corrected to reflect 11 July 2009.  The advisory official recommends the applicant receive all back pay and allowances from 11 July 2009 to 25 March 2010.  

15.  On 29 June 2010, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  The applicant did not respond.

16.  National Guard Regulation 600-101 (Warrant Officer - Federal Recognition and Related Personnel Actions), paragraph 7-1, states the promotion of warrant officers in the Army National Guard is a function of the State.

17.  Table 7-1 (Minimum Time in Grade for Promotion) of the same regulation states that the minimum time in grade as a WO1 for promotion to CW2 is 2 years.

18.  Table 7-2 (Minimum Military Educational Requirements for Promotion and Time in Current Grade Required for Course Enrollment) further requires the completion of the warrant officer basic course or equivalent certification within 2 years from the date of initial appointment as a WO1 for promotion to CW2.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was appointed as a WO1 in the NCARNG on 11 July 2007.  He completed the Aviation Basic Officer Leaders Course on 18 March 2009.  He also met the time-in-grade requirement (24 months) on 11 July 2009.

2.  In November 2009 the NGB discovered that through no fault of the applicant, his federal recognition for initial appointment as a WO1 was never completed.  As a result of this error, the applicant's initial appointment as a WO1 was adjusted to 15 January 2010.  Based on the NGB's recommendation, it would be appropriate to correct the applicant's WO1 DOR and effective date to reflect
11 July 2007.

3.  Upon correction of the applicant's WO1 DOR, he met all the eligibility criteria for promotion to CW2 on 11 July 2009.  Therefore, it would be equitable to correct his military records to show his effective date and DOR of promotion to CW2 as 11 July 2009.  It would also be equitable to show he was granted Federal recognition for promotion to CW2, effective 11 July 2009.

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 the State Army National Guard records and the Department of the Army records of the individual concerned be corrected by:

	a.  amending NGB Special Orders Number 13 AR, dated 25 January 2010, to show he was granted federal recognition for initial appointment in the rank of WO1, effective 11 July 2007; and

	b.  amending NGB Special Orders Number 61 AR, dated 1 April 2010, to show he was granted federal recognition for promotion in the rank of CW2, effective 11 July 2009.

2.  The Board further recommends that the applicant be paid all back-pay and allowances due as a result of these corrections.



      ____________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)                                         AR20090021810



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ABCMR Record of Proceedings (cont)                                         AR20090021810



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