IN THE CASE OF:
BOARD DATE: 19 April 2011
DOCKET NUMBER: AR20100017252
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) to chief warrant officer two (CW2) from 20 November 2009 to 21 September 2009.
2. The applicant states he was originally appointed as a warrant officer on 22 September 2007. He met the 2-year time-in-grade requirement on 21 September 2009.
3. The applicant provides:
* National Guard Bureau (NGB) Special Orders Number 107 AR
* NGB Form 337 (Oaths of Office)
* NGB Special Orders Number 314 AR
CONSIDERATION OF EVIDENCE:
1. Having prior enlisted service, the applicant's records show he completed the Warrant Officer Candidate School on 22 September 2007. He was appointed as a warrant officer in the Puerto Rico Army National Guard (PRARNG) and executed the oaths of office on 22 September 2007. He was assigned to the PRARNG Training Site Command, Salinas, PR.
2. On 28 April 2008, NGB published Special Orders Number 107 AR extending him Federal recognition for initial appointment effective 22 September 2007.
3. On 19 June 2008, he completed the Property Accounting Technician Warrant Officer Basic Course (21 April to 19 June 2008) at Fort Lee, VA.
4. On 9 March 2009, the PRARNG published Orders 068-515 awarding the applicant primary military occupational specialty (MOS) 920A (Property Accounting Technician) effective 9 March 2009.
5. On 23 March 2009, NGB published Special Orders Number 65 AR extending him Federal recognition for award of MOS 920A effective 9 March 2009.
6. On 24 December 2009, the PRARNG published Orders 358-502 promoting him to CW2 effective 20 November 2009.
7. On 31 December 2009, NGB published Special Orders Number 314 AR extending him Federal recognition for his promotion to CW2 effective 20 November 2009.
8. On 12 November 2009, he was ordered to active duty in support of Operation Enduring Freedom and Multinational Force and Observers. He subsequently served in Egypt from 10 December 2009 to 5 November 2010. He was honorably released from active duty on 17 November 2010.
9. An advisory opinion was obtained on 8 March 2011 in the processing of this case. An official at NGB recommended disapproval of the applicant's request. He stated that promotion of warrant officers in the ARNG is a function of the State. Absent any evidence that the PRARNG intended to promote the applicant or took steps to promote him prior to 20 November 2009, there is no basis to recommend approval.
10. He was provided with a copy of this advisory opinion, but he did not respond.
11. National Guard Regulation 600-101 (Warrant Officers Federal Recognition and Related Personnel Actions) prescribes the policies and procedures for the management of officers of the ARNG. It states that promotion of warrant officers in the ARNG is a function of the State. Chapter 7 contains promotion policy and states the minimum requirement for promotion to CW2 is 2 years of time in grade and completion of the warrant officer basic course.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant was initially appointed in the PRARNG and executed the oaths of office on 22 September 2007. He completed the Property Accounting Technician Warrant Officer Basic Course on 19 June 2008. He was eligible for promotion to CW2 on 21 September 2009.
2. However, there is no evidence in the available records and the applicant did not provide any evidence that shows he was recommended for promotion to CW2 on the date of his eligibility. Promotion in the ARNG is a function of the State. The PRARNG issued him promotion orders effective 20 November 2009.
3. Absent evidence that the PRARNG intended to promote him and/or took any steps to do so prior to 20 November 2009, there is insufficient evidence to correct his DOR.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
____________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) AR20100017252
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100017252
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20120022073
The applicant was appointed and received Federal recognition as a WO upon successful completion of WOCS effective 31 August 2011. He was awarded MOS 920A with an effective date of 16 December 2011. b. Paragraph 2 of NGB Policy Memorandum Number 07-026, dated 14 August 2007 Subject: Policy to Appoint SFC to CW2 states, "Effective on the date of this memorandum, States are authorized to appoint SFC/E7 to the grade of CW2 if they meet the criteria below. The applicant was appointed and...
ARMY | BCMR | CY2012 | 20120022073
The applicant was appointed and received Federal recognition as a WO upon successful completion of WOCS effective 31 August 2011. He was awarded MOS 920A with an effective date of 16 December 2011. b. Paragraph 2 of NGB Policy Memorandum Number 07-026, dated 14 August 2007 Subject: Policy to Appoint SFC to CW2 states, "Effective on the date of this memorandum, States are authorized to appoint SFC/E7 to the grade of CW2 if they meet the criteria below. The applicant was appointed and...
ARMY | BCMR | CY2011 | 20110019335
IN THE CASE OF: BOARD DATE: 10 November 2011 DOCKET NUMBER: AR20110019335 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests adjustment of his Federal recognition order for promotion to chief warrant officer two (CW2) from 11 August 2011 to 17 March 2011. Title 10, U.S. Code, sections 571b and 12241b introduce a requirement that all WO appointments and promotions to chief warrant officer grades in the ARNG be made by the President of the United States.
ARMY | BCMR | CY2011 | 20110019445
IN THE CASE OF: BOARD DATE: 31 July 2012 DOCKET NUMBER: AR20110019445 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. In February 2011, a Federal Recognition Board (FRB) was held by the VAARNG to determine if the applicant was qualified to be awarded Federal recognition as a CW2. The delay in the applicant's promotion resulted from a statutory change in the procedures for the promotion of WOs that was mandated by the 2011 NDAA that WOs be placed on a scroll and staffed to the President...
ARMY | BCMR | CY2014 | 20140011498
The applicant requests, in effect, reconsideration of the Board's previous decision on his request that his promotion effective date and date of rank (DOR) as a chief warrant officer two (CW2) in the Pennsylvania Army National Guard (PAARNG) be adjusted from 17 October 2012 to 20 April 2012 and entitlement to back pay and allowances. As in original appointments, a WO promoted by State authority has a State status in the higher grade under which to function. This change essentially states...
ARMY | BCMR | CY2013 | 20130019347
The applicant requests correction of his date of rank (DOR) to chief warrant officer two (CW2) in the New York Army National Guard (NYARNG) from 29 January 2013 to 20 August 2012. He further contends his DOR should be adjusted in accordance with (lAW) the NGB PPOM Number 13-006, dated 6 February 2013, which states in part, "Implement the 2013 National Defense Authorization Act (NDAA) for WO promotions to CW2 which removed the requirement for a Federal Recognition Board (FRB) for promotion...
ARMY | BCMR | CY2011 | 20110022844
IN THE CASE OF: BOARD DATE: 31 May 2012 DOCKET NUMBER: AR20110022844 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states: * Prior to the 2011 National Defense Authorization Act (NDAA) Army National Guard (ARNG) officers were promoted by the Chief, National Guard Bureau (NGB) * After the 2011 NDAA the authority was elevated from the Secretary of the service to the President of the United States * When the new policy was signed into law many officials were unaware of the...
ARMY | BCMR | CY2014 | 20140018149
The applicant requests her date of rank (DOR) for promotion to chief warrant officer two (CW2) in the Georgia Army National Guard (GAARNG) be amended to the date she completed the Warrant Officer (WO) Basic Course (WOBC). National Guard Regulation (NGR) 600-101 (WO Federal Recognition and Related Personnel Actions), paragraph 2-10c (in effect at the time) essentially states a Soldier in the rank of MSG may be promoted to CW2 in one of two ways, after first having served in the rank for 2...
ARMY | BCMR | CY2011 | 20110003973
The applicant requests correction of her date of rank (DOR) as a chief warrant officer three (CW3) from 23 June 2010 to 28 April 2010. The applicant states, in effect: * Federal Recognition Board (FRB) approval was delayed due to an erroneous request for an exception to policy related to completion of the Warrant Officer Advanced Course (WOAC) * She graduated from the WOAC on 28 December 2008 * Her line/paragraph number (position) was frozen due to deployment with another command * She...
ARMY | BCMR | CY2012 | 20120003549
The applicant requests adjustment of his date of rank (DOR) for promotion to chief warrant officer two (CW2), from 26 September 2007 to 19 November 2006. The opinion further states that his promotion was delayed based on his performance as reflected in his referred OER for the period 1 November 2005 through 31 May 2006. Included in these requirements is that the warrant officer must be recommended by his immediate commander.