BOARD DATE:	  23 September 2010

		DOCKET NUMBER:  AR20100007395 


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 her initial appointment date to warrant officer one (WO1) of 11 March 2009 be adjusted to 18 February 2009.  She also requests that the documents reflecting her initial appointment date as 11 March 2009, along with documents pertaining to an age waiver request which were not needed, be removed from her official military personnel file (OMPF).

2.  The applicant states that according to documentation received at the Warrant Officer Candidate School (WOCS), Fort Rucker, Alabama, her initial appointment date is 18 February 2009.

3.  The applicant provides the following documents in support of her application:

* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 17 February 2009
* National Guard Bureau (NGB) Forms 337 (Oaths of Office), dated 18 February 2009 and 11 March 2009
* DA Form 71 (Oaths of Office - Military Personnel), dated 18 February 2009
* DA Form 1290 (Appointment Certificate), dated 18 February 2009
* U.S. Army Warrant Officer Career College (WOCC) Form 667, dated 18 February 2009
* Louisiana Army National Guard (LAARNG) Orders 070-1196, dated 11 March 2009
* age waiver request memorandum
* NGB Special Orders 95 AR, dated 15 April 2009
* NGB Form 89 (Proceedings of a Federal Recognition Examining Board)

CONSIDERATION OF EVIDENCE:

1.  The applicant requests that documents pertaining to an age waiver request be removed from her OMPF; however, these documents were not found in her OMPF.  As a result, this portion of her request will not be discussed further in this Record of Proceedings.

2.  At the time of this application, she was serving in the LAARNG in the rank of WO1.

3.  On 16 January 2009, a Federal Recognition Board convened.  It found the applicant qualified for appointment and recommended she be granted Federal recognition.

4.  A WOCC Form 667 shows she completed WOCS on 18 February 2009.  On the same date, she executed her oath of office as a WO1 in the LAARNG and was granted temporary Federal recognition.

5.  NGB Form 337 (Oaths of Office), dated 11 March 2009, shows the applicant executed her oath of office on that date. 

6.  On 11 March 2009, the LAARNG published Orders 070-1197 appointing her in the ARNG in the rank of WO1 with a date of rank of 11 March 2009.  These orders were subsequently corrected to show her date of rank as 18 February 2009.

7.  NGB Special Orders 95 AR, dated 15 April 2009, awarded the applicant permanent Federal recognition for initial appointment to the grade of WO1 effective 11 March 2009.

8.  On 14 April 2010, the U.S. Army Human Resources Command, St. Louis, Missouri, published a memorandum appointing her as a Reserve Warrant Officer of the Army effective 11 March 2009.

9.  In the processing of this case, an advisory opinion was obtained from the Chief, Personnel Policy Division, NGB, Arlington, Virginia.  It stated that her initial appointment date and date of rank are erroneously recorded in her military record and recommended that her initial appointment date and date of rank be corrected to read 18 February 2009.  The opinion also states the LAARNG supports this recommendation.

10.  A copy of the advisory opinion was provided to the applicant for comments and/or rebuttal.  No response has been received.

11.  Army Regulation 135-100 (Army National Guard and Army Reserve Appointment of Commissioned and Warrant Officers of the Army), paragraph 
2-7.1, states in part that all warrant officer candidates required to attend WOCS or WOCS-Reserve Components will be appointed to WO1 upon successful completion of the course.  It further states that the appointing authority will issue a memorandum of appointment and a DA Form 71/NGB Form 337, to be completed per instructions thereon, to WOCS for execution on graduation day.

12.  In accordance with National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions), paragraph 2-2, the effective date of Federal recognition for original appointment is the date on which the commissioned officer executes the oaths of office in the State.  Also, paragraph 2-3a states that temporary Federal recognition upon appointment establishes the authorized grade to be used by all officers in their Federally recognized status.

13.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) provides policies and steps governing the OMPF.  This regulation states that only those documents listed in table 2-1 (Composition of the OMPF) and table 2-2 (Obsolete or no longer used documents) are authorized for filing in the OMPF.  Depending on the purpose, documents will be filed in the OMPF in one of three sections:  performance, service, or restricted.  Once placed in the OMPF, the document becomes a permanent part of that file.

	a.  Table 2-1 shows that NGB Form 0122, NGB Form 337, U.S. Army Reserve letter of appointment, and appointment orders are filed in the service section of the OMPF.

	b.  Paragraph 2-3 provides that the restricted section of the OMPF is used for historical data that may normally be improper for viewing by selection boards or career managers.  The release of information in this section is controlled.  It may not be released without written approval from the Commander, U.S. Army Human Resources Command, or the Headquarters, Department of the Army, selection board proponent.  This paragraph also provides that documents in the restricted section of the OMPF are those that must be permanently kept to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, and evaluation periods; show corrections to other parts of the OMPF; record investigation reports and appellate actions; and protect the interests of the Soldier and the Army.


DISCUSSION AND CONCLUSIONS:

1.  The applicant was found qualified for appointment and recommended for Federal recognition on 16 January 2009.  She completed WOCS on 18 February 2009 and executed her oath of office on the same date; however, her initial appointment date and date of rank are erroneously recorded in her military record as 11 March 2009.

2.  Based on applicable laws and regulations, she is entitled to have her initial appointment date and date of rank corrected to show 18 February 2009.  Therefore, NGB Special Orders 95 AR, dated 15 April 2009, should be amended to show the effective date of permanent Federal recognition in the grade of WO1 as 18 February 2009.

3.  In reference to the documents reflecting her initial appointment date as 11 March 2009, the Army has a vested interest in maintaining the accuracy of its records.  In order to maintain an unbroken, historical record of a her service, the documents reflecting her initial appointment date as 11 March 2009 should not be completely removed from her OMPF; however, in order to avoid confusion as to her date of rank, these documents should be transferred to the restricted portion of her OMPF.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x _  ____x____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  correcting NGB Special Orders 95 AR, dated 15 April 2009, to show she was extended Federal recognition effective 18 February 2009 in the grade of WO1;


	b.  correcting LAARNG Orders 070-1197, dated 11 March 2009 to show she was appointed as a WO1 effective 18 February 2009, with the same date of rank;

	c.  correcting U.S. Army Human Resources Command memorandum of appointment, dated 14 April 2010, to show she was appointed as a Reserve warrant officer of the Army effective 18 February 2009; and

	d.  transferring the original NGB Special Orders 95 AR, dated 15 April 2009; NGB Form 337, dated 11 March 2009; LAARNG Orders 070-1197, dated 11 March 2009; and U.S. Army Human Resources Command memorandum of appointment, dated 14 April 2010, to the restricted portion of her OMPF.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to removing the documents reflecting her initial appointment date as 11 March 2009 from her OMPF.



      ___________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)                                         AR20100007395



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)