IN THE CASE OF:	  

		BOARD DATE:	  1 November 2011

		DOCKET NUMBER:  AR20110001026 


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, in effect, correction of her records to show the effective date and date of rank (DOR) for her promotion to the rank/grade of chief warrant officer two (CW2)/W-2 was 7 September 2009 vice 18 February 2010.

2.  The applicant states she was appointed to warrant officer one (WO1)/W-1 on 7 September 2007.  Her application for Federal recognition for promotion to CW2 was administratively delayed and also lost/misplaced on two occasions between the State Army National Guard (ARNG) and Headquarters, National Guard Bureau (NGB).

3.  The applicant provides a copy of her promotion documents.

CONSIDERATION OF EVIDENCE:

1.  An NGB Form 22 (Report of Separation and Record of Service) shows the applicant was honorably discharged from the North Carolina ARNG (NCARNG) in the rank/grade of sergeant (SGT)/E-5, effective 6 September 2007, to accept appointment as a warrant officer (WO).

2.  U.S. Army Human Resources Command (USA HRC), St. Louis, MO, memorandum, dated 23 June 2008, appointed the applicant as a Reserve Warrant Officer of the Army under Title 10, U.S. Code, sections 12201 and 12241, effective 7 September 2007.


3.  A DA Form 1059 (Service School Academic Evaluation Report) shows the applicant completed the Network Management Technician Warrant Officer Basic Course (WOBC) on 20 March 2008.

4.  A copy of the applicant's DA Form 67-9 (Officer Evaluation Report (OER)) for the period ending 6 September 2009 is not filed in her Official Military Personnel File (OMPF).

5.  Orders 070-1074, issued by the Texas ARNG (TXARNG), Adjutant General's Department, Austin, TX, dated 11 March 2010, promoted the applicant to CW2/W-2 effective 18 February 2010.  The orders show the applicant will not be paid for the promoted rank until Federal recognition is confirmed.

6.  NGB, Arlington, VA, memorandum, dated 17 March 2010, promoted the applicant as a Reserve Warrant Officer of the Army, effective 18 February 2010.

7.  Special Orders Number 49 AR, issued by the NGB, Washington, DC, dated 17 March 2010, announced the extension of Federal recognition of the applicant's promotion in the ARNG to CW2/W-2, effective 18 February 2010.

8.  In the processing of this case, on 7 October 2011, an advisory opinion was obtained from the Chief, Personnel Policy Division, NGB, Arlington.

	a.  The advisory official recommends partial approval of the applicant's request for correction of her DOR to CW2.

	b.  The advisory official notes that Department of the Army, Office of the Deputy Chief of Staff, G-1, Amendment to Policy Memo, dated 14 January 2005, announced that "all Reserve Component (RC) officers (U.S. Army Reserve and ARNG of the United States) in the rank/grade of second lieutenant (2LT)/O-1 will be promoted by the USA HRC, Office of Promotions (RC) or the NGB, as appropriate, to first lieutenant (1LT)/O-2 when they meet the 24-month time in grade (TIG) requirement for promotion and complete the Officer Basic Course.  This would also apply to WO1, who would be promoted to CW2 when they meet the TIG requirements (24 months) for promotion and complete the WOBC." Therefore, the applicant was eligible to be promoted effective 7 September 2009.

   c.  The applicant transferred from the NCARNG to the TXARNG on
27 October 2008.  The TXARNG indicated that the applicant's promotion packet was not processed partly because she did not include a copy of her OER for the period ending 6 September 2009, which was her responsibility, if the OER had not been processed to completion.


	d.  The applicant's TXARNG unit also had a responsibility to ensure the timely processing of the OER.  However, the OER was not signed by the senior rater until 17 February 2010, which was well after the 90-day processing timeframe.  This may have contributed to the applicant's promotion packet not being processed in a timely manner.

	e.  The applicant's promotion packet was subsequently submitted to the State Federal Recognition Board and she was promoted to CW2 effective and with a DOR of 18 February 2010.

	f.  The advisory official adds that "[d]ocumentation shows the State intended to promote the Soldier per TXARNG memorandum, dated 19 August 2009.  The accumulation of errors relating to this case delayed the progress of the Soldier's promotion packet going before the State Federal Recognition Board at an earlier date.  Therefore, consideration can be given to changing the Soldier's DOR to
7 December 2009; to include paying her all back pay and allowances associated with the amendment."  The official noted the State concurs with the recommendation.

9.  On 11 October 2011, the applicant was provided a copy of the advisory opinion in order to afford her the opportunity to submit comments or a rebuttal.  On 11 October 2011, by email, she concurred with the contents of the advisory opinion.

10.  National Guard Regulation 600-101 (Warrant Officers - Federal Recognition and Related Personnel Actions) governs policies and procedures for ARNG warrant officer personnel management.  Chapter 7 (Promotions) provides in:

	a.  paragraph 7-1 that the promotion of warrant officers in the ARNG is a function of the State;

	b.  paragraph 7-7 (Eligibility for promotion) outlines the requirements for consideration for Federal recognition and concurrent Reserve of the Army promotion;

	c.  paragraph 7-8 (Minimum years of promotion service) and Table 7-1 (Minimum Time-in-Grade for Promotion) show that to attain eligibility for promotion and receive Federal recognition in the next higher grade a WO1 must complete 2 years in grade W-1 to be eligible for promotion to CW2 (W-2); and


	d.  paragraph 7-9 (Military education requirements) and Table 7-2 (Minimum Military Educational Requirements for Promotion and Time in Current Grade Required for Course Enrollment) show that to attain eligibility for promotion to CW2 a warrant officer must complete the WOBC or equivalent certification within 2 years from the date of initial appointment as a WO1.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the effective date and DOR for her promotion to CW2/W-2 should be corrected to 7 September 2009 and that she should receive all back pay and allowances due as a result of the correction because her promotion to CW2 was administratively delayed through no fault of her own.

2.  The evidence of record shows:

	a.  the applicant was eligible for promotion to CW2 on 7 September 2009 based on having met the TIG and military education requirements;

	b.  as early as 19 August 2009, the State intended to promote the applicant to CW2; and

	c.  the applicant's promotion to CW2 was delayed due to matters relating to the processing of her OER with a "Thru" date of 6 September 2009.  Specifically, the OER was not signed by the senior rater until 17 February 2010.

3.  TXARNG and NGB orders promoted the applicant to CW2 effective and with a DOR of 18 February 2010.

4.  There is no evidence the applicant was ineligible for promotion to CW2 during the period under review or that the delay in her promotion was due to any fault of the applicant.

5.  Therefore, notwithstanding the NGB advisory opinion, in view of the foregoing and as a matter of equity, it would be appropriate to correct the applicant's record to show she was promoted to CW2/W-2 in the ARNGUS and TXARNG effective and with a DOR of 7 September 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 all Department of the Army records of the individual concerned be corrected by:

	a.  showing she was promoted to CW2/W-2 effective and with a DOR of
7 September 2009, and

	b.  granting her Federal recognition in the rank/grade of CW2/W-2 effective and with a DOR of 7 September 2009.

2.  As a result of the above corrections, the Defense Finance and Accounting Service shall be notified of the Board's determination to remit all back pay (i.e., pay and allowances, less any withholdings and/or deductions) that may be due as a result of the 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)                                         AR20110001026



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ABCMR Record of Proceedings (cont)                                         AR20110001026



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