IN THE CASE OF:
BOARD DATE: 3 November 2011
DOCKET NUMBER: AR20110002236
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 effective date and date of rank to chief warrant officer two (CW2) to 4 November 2007.
2. The applicant states he submitted his full and accurate promotion packet through proper channels in July 2007 in advance of his promotion eligibility date of 4 November 2007; however, his packet sat at his battalion until mid-October 2007. He then asked his State's chief command warrant officer to intervene and his packet then proceeded forward. With the delay at battalion level and through no fault of his own, his promotion was delayed until 13 December 2007.
3. The applicant did not provide any additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve on 23 September 1998 and in the Army National Guard (ARNG) on 29 July 2002.
2. National Guard Bureau (NGB) Special Orders Number 349 AR, dated
15 December 2005, show he was extended Federal recognition for his initial appointment to warrant officer one (WO1) effective 4 November 2005.
3. A DA Form 1059 (Service School Academic Evaluation Report) shows he completed the Aviation Warrant Officer Basic Course (WOBC) on 14 June 2007.
4. On 20 December 2007, the Pennsylvania Army National Guard (PAARNG) issued Orders 354-1031 promoting the applicant to CW2 with an effective date and date of rank of 13 December 2007.
5. On 31 December 2007, the NGB issued Special Orders Number 324 AR extending him Federal recognition in the grade of CW2 effective 13 December 2007.
6. In the processing of this case, on 12 October 2011, a staff advisory opinion was obtained from the NGB Personnel Policy Division. The advisory official recommended approval of the applicant's request to adjust his effective date and date of rank to CW2 to 4 November 2007, to include:
* amendment of NGB Special Orders Number 324 AR
* amendment of PAARNG Orders 354-1031
* payment of all back pay and allowances that may be due as a result of this correction
7. The advisory official states that National Guard regulations state a warrant officer must complete the minimum years of promotion service (2 years for promotion to CW2) to attain eligibility for promotion and receive Federal recognition in the higher grade. The Soldier has to complete WOBC or equivalent certification within 2 years from the date of initial appointment as WO1. The applicant was appointed as a WO1 on 4 November 2005 and he completed WOBC on 14 June 2007. Therefore, he was eligible for promotion effective 4 November 2007. The advisory opinion further indicated that the PAARNG concurs with their recommendation.
8. The advisory opinion was forwarded to the applicant for information and to provide him the opportunity to submit comments or a rebuttal. He concurred with the contents of the advisory opinion.
9. National Guard Regulation 600-101 (Warrant Officers - Federal Recognition and Related Personnel Actions) provides procedures for processing applications for Federal recognition. Section 7-8 states a warrant officer must complete the minimum years of promotion service as shown in Table 7-1 to attain eligibility for promotion and receive Federal recognition in the higher grade. Table 7-1 establishes 2 years as the minimum time in grade from promotion to CW2. Table 7-2 provides that the Soldier must complete WOBC or equivalent certification within 2 years from date of initial appointment to WO1.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his effective date and date of rank to CW2 should be adjusted to 4 November 2007 has been carefully considered and has merit.
2. Evidence shows he was appointed a WO1 effective 4 November 2005 and he completed WOBC on 14 June 2007. Therefore, in accordance with National Guard regulations and as indicated by the NGB advisory opinion, he was eligible for promotion to CW2 effective 4 November 2007.
3. Based on the foregoing, the applicant's records should be corrected to show he was promoted to CW2 with an effective date and date of rank of 4 November 2007. He should also be provided all back pay and allowances due as a result of this correction.
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 PAARNG Orders Number 354-1031, dated 20 December 2007, to show his effective date and date of rank to CW2 as 4 November 2007;
b. amending NGB Special Orders Number 324 AR, dated 31 December 2007, to show he was extended Federal recognition in the rank of CW2 effective 4 November 2007; and
c. paying him all back pay and allowances due 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) AR20110002236
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