IN THE CASE OF:
BOARD DATE: 22 March 2011
DOCKET NUMBER: AR20100018808
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) and award of military occupational specialty (MOS) to
7 October 2007.
2. The applicant states:
* He was eligible and qualified to be promoted to CW2 on 7 October 2007
* Through no fault of his own his MOS award and promotion were approximately 8 months late
* At the time his unit was undergoing pre-mobilization and mobilization for Iraq
* He was eligible for promotion in October 2007 because he completed Warrant Officer Basic Course (WOBC) on 29 June 2007 and he met the 2-year time in grade requirement
* He was fully qualified
3. The applicant provides:
* DA Form 1059 (Service School Academic Evaluation Report)
* DA Form 705 (Army Physical Fitness Test Scorecard)
* Report of Medical History
* Report of Medical Examination
* Special orders, dated 25 June 2008
* Reassignment orders, dated 18 September 2006
* Promotion orders, 17 June 2008
* MOS orders, dated 16 June 2008
* Transfer orders, dated 24 January 2008
CONSIDERATION OF EVIDENCE:
1. Having prior enlisted service in the Army National Guard, the applicant was appointed as a warrant officer one (WO1) in the Army National Guard effective
7 October 2005.
2. He completed the Automotive Maintenance WOBC on 29 June 2007.
3. State of New Jersey (NJ) orders, dated 16 June 2008, show his MOS was changed to 915A0 effective 11 June 2008.
4. State of NJ orders, dated 17 June 2008, show he was promoted to CW2 effective 11 June 2008 with a DOR of 7 October "2005".
5. Departments of the Army and the Air Force, National Guard Bureau (NGB), Special Orders Number 157 AR, dated 25 June 2008, show he was granted federal recognition for promotion to CW2, in MOS 915A, effective 11 June 2008.
6. In the processing of this case, a staff advisory opinion was obtained from NGB. That office recommends approval of the applicant's request to adjust his CW2 DOR and MOS to 7 October 2007. The opinion points out:
* he was fully qualified for promotion to CW2 on 7 October 2007
* he successfully completed the WOBC as a WO1 on 29 June 2007
* the NJ Army National Guard (NJARNG) acknowledges their failure to affix the appropriate remarks on the applicant's NGB Form 89 (Proceedings of a Federal Recognition Examining Board) awarding him MOS 915A0
* this omission prevented him from being awarded his MOS in a timely manner
* the NJARNG concurs with this recommendation
7. On 13 January 2011, a copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal. The applicant did not respond within the given time frame.
8. Table 7-1 (Minimum Time in Grade for Promotion) of National Guard Regulation 600-101 states that the minimum time in grade as a WO1 for promotion to CW2 is 2 years.
9. Table 7-2 (Minimum Military Educational Requirements for Promotion and Time in Current Grade Required for Course Enrollment) of National Guard Regulation 600-101 requires the completion of the warrant officer basic course or equivalent certification within 2 years from date of initial appointment as WO1 for promotion to CW2.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant was appointed as a WO1 in the Army National Guard on 7 October 2005. He completed the Automotive Maintenance WOBC on 29 June 2007 and following graduation of this course he was qualified for award of MOS 915A0. He also met the time-in-grade requirement (24 months) on 7 October 2007.
2. The advisory opinion points out, through no fault of the applicant, he was not awarded his MOS in a timely manner due to an administrative error in the preparation of his NGB Form 89.
3. Based on the foregoing, it would be equitable to correct his military records to show his effective date and DOR for promotion to CW2, in MOS 915A0, as
7 October 2007. It would also be equitable to show he was granted Federal recognition for promotion to CW2, in MOS 915A0, effective 7 October 2007.
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 amending Special Orders Number 157 AR, dated 25 June 2008, to show he was granted Federal recognition effective
7 October 2007 in the grade of CW2 in MOS 915A0.
2. The Board further recommends that the applicant be paid all back pay and allowances 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.
ABCMR Record of Proceedings (cont) AR20100018808
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ABCMR Record of Proceedings (cont) AR20100018808
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