BOARD DATE: 9 August 2011
DOCKET NUMBER: AR20100029365
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 his date of rank (DOR) for appointment to Warrant Officer One (WO1) to 20 September 2008 and his DOR for promotion to Chief Warrant Officer Two (CW2) to 7 May 2010.
2. The applicant states that as a former E-8 he should have been appointed as a WO1 upon completion of the Warrant Officer Candidate School (WOCS) on
20 September 2008 and to the rank of CW2 upon completion of the Warrant Officer Basic Course (WOBC) on 7 May 2010. However, through no fault of his own, his Federal Recognition was delayed which resulted in him receiving a DOR as a WO1 of 11 August 2010 and a DOR as a CW2 of 12 August 2010.
3. The applicant provides:
* His WOCS diploma, dated 20 September 2008
* His WOBC DA Form 1059 (Service School Academic Evaluation Report), dated 5 May 2010
* A National Guard Bureau (NGB) 337 (Oaths of Office), dated
20 September 2008
* NGB Special Orders Number 204 AR, dated 20 September 2010
* NGB Special Orders Number 214 AR, dated 30 September 2010
CONSIDERATION OF EVIDENCE:
1. The applicant was serving in the Texas Army National Guard (TXARNG) when he was promoted to the pay grade of E-8 on 14 February 2006.
2. On 20 September 2008, he completed the WOCS at Fort McClellan, AL and took his oath of office as a WO1 in the TXARNG.
3. On 7 May 2010, he completed the WOBC for Electronic Systems Maintenance Technicians at Fort Gordon, GA.
4. NGB Special Orders Number 204 AR, dated 20 September 2010, granted the applicant Federal Recognition for his initial appointment as a WO1, effective 11 August 2010.
5. NGB Special Orders Number 214 AR, dated 30 September 2010, granted the applicant Federal Recognition for promotion to CW2, effective 12 August 2010.
6. In the processing of this case a staff advisory opinion was obtained from the NGB. The advisory official stated the applicants request should be approved and that his Federal Recognition orders should be amended to show he was appointed as a WO1 on 20 September 2008 and that he was promoted to CW2 effective 7 May 2010 with entitlement to all back pay and allowances.
7. On 6 July 2011, the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. He did not respond.
8. National Guard Regulation (NGR) 600-101 (Warrant Officers - Federal Recognition and Related Personnel Actions) provides that the effective date of Federal Recognition for original appointment is the date on which the warrant officer executes the oath of office in the State.
9. National Guard Regulation 600-101 also provides that enlisted Soldiers in the grades of E-8 and E-9 who serve a minimum of 2 consecutive years in grade may be appointed to the rank of CW2 after completion of the WOCS and WOBC.
DISCUSSION AND CONCLUSIONS:
1. The applicant executed his original NGB 337 as a WO1 on 20 September 2008 upon completion of WOCS. He subsequently completed WOBC on 7 May 2010. For reasons that are not apparent in the available record, his application for permanent Federal Recognition was not forwarded to the appropriate authorities for final action in a timely manner.
2. As a result of the unexplained delay, the applicant was granted Federal Recognition as a WO1 effective 11 August 2010 and as a CW2 effective 12 August 2010.
3. Had the application for permanent Federal Recognition been properly and timely processed, the applicant's date of rank for WO1 would have been
20 September 2008 and he would have been promoted to CW2, effective 7 May 2010, when he completed WOBC.
4. Accordingly, it would be in the interest of justice at this time to correct the applicant's record by showing that he was granted permanent Federal Recognition in the rank of WO1 effective 20 September 2008 and in the rank of CW2 effective 7 May 2010, with entitlement to all back pay and allowances as a result of this change.
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:
a. amending NGB Special Orders Number 204 AR, dated 20 September 2010 to show he was granted permanent Federal Recognition in the rank of WO1 effective 20 September 2008;
b. amending NGB Special Orders Number 214 AR, dated 30 September 2010 to show he was granted permanent Federal Recognition for the purpose of promotion to CW2 effective 7 May 2010; and
c. paying him all back pay and allowances 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) AR20100029365
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100029365
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120007625
NGB Policy Memorandum 11-015, subject: Federal Recognition of WOs in the ARNG, dated 14 June 2011, states that ARNG WOs are initially appointed and are also promoted by the State or Territory to which the officer is assigned. As a result, effective 7 January 2011, all initial appointments of WOs and promotion to higher grades, by warrant or commission, will be issued by the President. This development process resulted in the delay of the promotions of all ARNG WOs (and probably WOs from...
ARMY | BCMR | CY2011 | 20110001308
The applicant requests correction of his record to show he was extended Federal recognition on 1 August 2008 as his initial effective date of appointment and date of rank (DOR) to warrant officer one (WO1) to allow for promotion to chief warrant officer two (CW2) on 24 September 2010. As a means of clarification she offers the following information pertaining to the applicant: * he executed oaths of office and signed a DA Form 71 and an NGB Form 337 for his initial appointment in the OHARNG...
ARMY | BCMR | CY2008 | 20080018199
The evidence of record shows that the applicant was granted temporary Federal recognition effective 7 March 2007 upon his completion of WOCS and execution of an oath of office. Subsequently, the applicant's Federal recognition packet was considered by a second GAARNG Federal Recognition Board on 13 December 2007 and the applicant executed a second oath of office on that date. Based on the recommendations of the second GAARNG Federal Recognition Board, the NGB issued orders awarding the...
ARMY | BCMR | CY2014 | AR20140005417
The applicant provides: * NGB Form 62E (Application for Federal Recognition as an Army National Guard (ARNG) Officer or Warrant Officer and Appointment as a Reserve Commissioned Officer or Warrant Officer of the Army in the ARNG of the United States), dated 1 November 2010 * NGB Form 89, dated 20 January 2011 * NGB PPOM 11-045, dated 26 July 2011, subject: Guidance Concerning Applications for Federal Recognition of Warrant Officers * DA Form 71 (Oath of Office Military Personnel), dated 24...
ARMY | BCMR | CY2012 | 20120008635
The NGB Form 89 states: The applicant is qualified for appointment as a WO of the ARNG and is extended temporary Federal recognition as a WO, as provided in National Guard Regulation (NGR) 600-101 (Warrant Officers Federal Recognition and Related Personnel Actions), to be effective from the date of successful completion of Warrant Officer Candidate School (WOCS). c. Per the Soldier's NGB Form 89, Proceedings of a Federal Recognition Examining Board dated 20 April 2010, he is promotable to...
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 | CY2008 | 20080005458
In the case of an applicant being found qualified for Federal recognition as a CW2, in accordance with paragraph 2-10c(2) of this regulation, except for the successful completion of WOCS and Department of the Army certification, the following statement will be entered on the record of proceedings (NGB Form 89): "the applicant is qualified for appointment as a warrant officer in the Army National Guard and is extended temporary Federal recognition as a warrant officer WO1 as provided by NGR...
ARMY | BCMR | CY2012 | 20120013686
The applicant states: * he took a voluntary reduction from sergeant first class (SFC)/E-7 to sergeant (SGT)/E-5 in December 2006 to attend the CID Special Agent Course in May 2007 as required by his unit policy * he was assigned to the 1149th Military Police (MP) Detachment, U.S. Army Criminal Investigation Command (CID) * prior to this reduction, he had served as an E-7 in the U.S. Air Force Reserve (USAFR) for 5 1/2 months * he met the eligibility requirements for promotion to CW2 in the...
ARMY | BCMR | CY2011 | 20110002412
He states he/his: * was an E-9 and successfully completed both the Warrant Officer Candidate School (WOCS) and the Warrant Officer Basic Course (WOBC) * was military occupational specialty (MOS) qualified; therefore, he was eligible for promotion upon his graduation from WOBC on 13 September 2007 * command should have cut his promotion orders accordingly * his National Guard Bureau (NGB) Form 89 (Proceedings of a Federal Recognition Examining Board) should have been properly annotated to...
ARMY | BCMR | CY2013 | 20130007860
His effective date for promotion to E-7 was 9 August 2006; his effective date of appointment to warrant officer candidate was 28 July 2010; his effective date of appointment to warrant officer one (WO1) was 10 November 2010; his completion of WOBC and State promotion to CW2 was 18 April 2012; and his Federal recognition effective date of rank was 28 December 2012. c. All prerequisites to meet the promotion eligibility guidelines for CW2 were achieved. The applicant provides: * NGB Policy...