BOARD DATE:	  25 August 2011

		DOCKET NUMBER:  AR20110002125 


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 three (CW3) to 11 August 2008. 

2.  The applicant states:

* He was unable to get into the Warrant Officer Advanced Course (WOAC) due to non-availability of seats in the class
* He tried diligently to get into classes but he was unable due to an influx of students on active duty and in the Reserve competing for 20 seats
* He was eligible for promotion on 30 June 2008 and had met all requirements except for completion of WOAC   

3.  The applicant provides:

* State promotion orders for chief warrant officer two (CW2) and CW3
* Memorandum, dated 14 January 2011, from the State Command Chief Warrant Officer
* Various emails
* Waiver approval from the National Guard Bureau (NGB)

CONSIDERATION OF EVIDENCE:

1.  Having prior enlisted service in the Indiana Army National Guard and active enlisted service in the Regular Army, he was appointed a warrant officer one (WO1) in the Indiana Army National Guard on 17 May 2002.  He was promoted to CW2 on 30 June 2004.

2.  On 17 February 2009, he submitted a request for a waiver for promotion from CW2 to CW3 due to the non-availability of seats in the WOAC classes.  He indicated:

* He had been actively trying to get a seat in the class since August 2007 and finally got a reservation for Phase l starting in November 2008
* He completed Phase l and has reservations for Phase 2 and 3 starting in October 2009  

3.  On 18 February 2009, the applicant's Command Chief Warrant Officer submitted a request for favorable consideration to the NGB of the applicant's request for a waiver.  

4.  On 19 February 2009, the NGB approved his request for exception to policy of the requirement to complete WOAC prior to promotion to the grade of CW3.  The NGB memorandum stated the promotion effective date may not be earlier than the date of this approval and the applicant must complete WOAC within 
24 months from the date of this memorandum. 

5.  State of Indiana orders, dated 28 March 2009, show he was promoted to CW3 effective 25 March 2009. 

6.  Departments of the Army and the Air Force, NGB, Special Orders Number 
80 AR, dated 6 April 2009, show he was granted federal recognition for promotion to CW3, effective 25 March 2009.

7.  He completed the Information Systems Technician WOAC on 28 January 2010.

8.  In support of his claim, the applicant's Command Chief Warrant Officer submitted a request (dated 14 January 2011) for favorable consideration to the Board to adjust the applicant's DOR.  He pointed out:

	a.  the applicant was eligible for promotion on 30 June 2008 but was not promoted because he had not been able to complete his WOAC through no fault of his own.  The Army Signal Corps was going through transformation and growth pains during this time frame which caused a shortage of training seats in most of their courses.

	b.  The applicant did everything in his power to get into and complete his WOAC.  He returned from mobilization on 15 April 2007 and tried to get enrolled in a class starting on 14 October 2007 with an end date of 17 December 2007.  He was unable to attend because of a temporary profile on his back.  As soon as his medical issues were resolved he applied for the next available class which started on 23 March 2008 but he was one of sixteen Soldiers competing for three open seats.  The applicant was finally able to secure a reservation in Phase I of his WOAC starting on 17 November 2008 and ending on 2 February 2009.  Upon completion of Phase l, his office requested a waiver to get the applicant promoted to CW3 before completion of Phase 2 and 3 through NGB.  The request was approved on the condition the applicant successfully complete the remaining two phases, which he did.   

9.  In the processing of this case, a staff advisory opinion was obtained from the Acting Chief, Personnel Policy Division, NGB.  That office recommends partial approval of the applicant's request to adjust his DOR.  The advisory opinion points out:

	a.  Orders show the applicant was promoted to CW3 on 25 March 2009.  He suggests that he could have been promoted at an earlier date had it not been for non-availability of seats in WOAC.

	b.  National Guard Regulation 600-101 (Warrant Officer - Federal Recognition and Related personnel Actions), Table 7-2, states in part, "… the minimum military education requirements for promotion to CW3 for all MOS [military occupational specialty] specialties is … completion of the common core prerequisite correspondence studies … and the duty MOS Warrant officer Advanced Course (WOAC), or equivalent."  

	c.  He submitted a request on 17 February 2009 for consideration of his waiver request for promotion from CW2 to CW3.  NGB granted him a waiver for promotion to CW3 with a promotion effective date no earlier than the date of approval of 19 February 2009.  Therefore, the earliest date his DOR should be adjusted to is 19 February 2009. 

10.  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.

11.  Table 7-1 (Minimum Time in Grade for Promotion) of National Guard Regulation 600-101 states that the minimum time in grade as a CW2 for promotion to CW3 is 6 years.

12.  NGB-ARH Policy Memorandum Number 07-025, Subject:  Policy to Implement a Change in Time-in-Grade (TIG) for Warrant Officer Promotion from Chief Warrant Officer Two (CW2) to Chief Warrant Officer Three (CW3), dated 29 August 2007, states, in pertinent part:

	a.  Effective on the date of this memorandum, States are hereby authorized to consider CW2 for promotion to CW3, with a reduced minimum TIG of four years when promotion consideration to CW3 is supported by assignment to a higher graded position.  All other CW2 minimum TIG requirements are reduced to five years.  The MILPO will follow the guidance in Table 7-1 as referenced above for all other warrant officer grades.
	
   b.  Due to the minimum TIG reduction stated above, all CW2s will be eligible to enroll in the applicable warrant officer advanced course upon completion of two years TIG under the provisions of Table 7-2 as referenced above. 

DISCUSSION AND CONCLUSIONS:

1.  He requests his DOR for CW3 be adjusted to 11 August 2008.

2.  Evidence of record shows the applicant was promoted to CW2 on 30 June 2004.  

3.  In February 2009, upon completion of Phase l of WOAC, he requested a waiver for promotion to CW3 due to non-availability of seats in WOAC classes.  The NGB granted him a waiver for promotion to CW3 with a promotion effective date no earlier than 19 February 2009 (the date of approval).  He was promoted to CW3 on 25 March 2009.  He completed the Information Systems Technician WOAC on 28 January 2010.

4.  Based on the foregoing, it would be equitable to correct his military records to show his effective date and DOR for promotion to CW3 as 19 February 2009.  It would also be equitable to show he was granted Federal recognition for promotion to CW3, effective 19 February 2009.



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 was sufficient to warrant a recommendation for partial 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 80 AR, dated 6 April 2009, to show he was granted Federal recognition effective 19 February 2009 in the grade of CW3.  

2.  The Board also recommends that the applicant be paid all back pay and allowances due as a result of this correction.

3.  The Board further determined that the evidence presented was 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 adjustment of his DOR for CW3 to 11 August 2008. 



      _________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)                                         AR20110002125



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110002125



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1