BOARD DATE:	  26 April 2011

		DOCKET NUMBER:  AR20110002309


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 initial effective date of appointment and date of rank to warrant officer (WO1) from 20 January 2010 to 13 January 2009
* promotion to chief warrant officer two (CW2) effective 13 January 2011

2.  The applicant states he was appointed as a WO1 in the Massachusetts Army National Guard (MAARNG) on 13 January 2009.  Due to an administrative error not of his doing, his Federal recognition packet was not processed.  He was re-appointed on 20 January 2010 and Federal recognition was granted.

3.  The applicant provides:

* a 13 January 2011 memorandum for record from the MAARNG
* his 13 January 2009 National Guard Bureau (NGB) Form 337 (Oaths of Office)
* his original appointment orders
* his Federal recognition orders with an effective date of 20 January 2010

CONSIDERATION OF EVIDENCE:

1.  Having been found professionally qualified for appointment as a WO1, the applicant executed an NGB Form 337 in the MAARNG on 13 January 2009.  The MAARNG published Orders 010-002 appointing him as a WO1 in the basic branch of aviation with an effective date of 13 January 2009.

2.  The available record does not indicate his appointment packet was considered by a Federal Recognition Board (FRB) to determine if he was qualified to be awarded Federal recognition.

3.  In January 2011, the State discovered the applicant did not receive Federal recognition for his initial appointment.  He signed a new NGB Form 337 effective 20 January 2010.  He was appointed as a WO1 effective that date and was subsequently granted Federal recognition on 20 April 2010.

4.  In the processing of this case, an advisory opinion was obtained from the Chief, Personnel Policy Division, NGB, on 21 March 2011.  After careful review, the advisory official recommended approval of the applicant's request to adjust his initial appointment date to 13 January 2009, promotion to CW2 effective 13 January 2011, and restoration of all back pay and allowances.  On 22 March 2011, a copy of 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.

5.  National Guard Regulation 600-101 (Warrant Officers – Federal Recognition and Related Personnel Actions) prescribes National Guard policies and procedures governing the appointment, assignment, and management of warrant officers of the Army National Guard.  

	a.  Chapter 2 provides that in order for a warrant officer to be concurrently appointed as a Reserve warrant officer of the Army, the State action must be Federally recognized.  Federal recognition is the process which ensures that officers appointed by the States meet the qualifications required for service in the Federal Armed Forces.

		(1)  Temporary Federal recognition may be extended to an officer who has been found qualified by an FRB for appointment in the ARNG of a State pending receipt of permanent Federal recognition and appointment as a Reserve officer of the Army.  Temporary Federal recognition will automatically terminate six months after the effective date of the State appointment.  However, should the initial period of temporary Federal recognition expire due to administrative processing delays through no fault of the applicant, a subsequent FRB must be convened to consider granting another 6-month period of temporary Federal recognition.

		(2)  The appointment of warrant officers in the ARNG is a function of the State concerned.  Upon appointment in the ARNG of a State and subscribed to an oath of office, a Soldier assumes a State status under which to serve.  Such a Soldier acquires a Federal status when he/she is Federally recognized by the Chief, NGB, and appointed as a Reserve of the Army.  The effective date of Federal recognition is the date the warrant officer executes the oaths of office (NGB Form 3370.

	b.  Chapter 7 addresses promotions and states:

		(1)  A warrant officer promoted by the State and extended Federal recognition in the higher grade will be concurrently promoted to the higher grade in the Reserve of the Army.

		(2)  To be considered for Federal recognition and concurrent Reserve of the Army promotion to CW2 following State promotion to fill a unit vacancy, an ARNG WO1 must have his/her unit commander's recommendation and:

		(a)  be in an active status and duty military occupational specialty qualified,

		(b)  be medically fit and meet height and weight standards,

		(c)  have completed 2 years of service as a WO1,

		(d)  have completed the WOBC, and

		(e)  have passed an Army Physical Fitness Test.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was appointed as a WO1 on 13 January 2009.

2.  The evidence of record further shows the applicant was not granted Federal recognition as a WO1 following his initial appointment in the ARNG and execution of the oaths of office.  In January 2010, the MAARNG recognized that permanent Federal recognition had not been granted through no fault of the applicant.  A new NGB Form 337 was administered with an effective date of 20 January 2010 and Federal recognition was granted on 20 April 2010.  This works to the disadvantage of the applicant.

3.  It is clear that an administrative error denied the applicant permanent Federal recognition as a WO1 effective 13 January 2009.  The Chief, Personnel Policy Division, NGB, recommends approval of the applicant's request by:

* restoring his initial appointment to 13 January 2009
* promoting him to CW2 effective 13 January 2011 (after determining he met all promotion requirements in NGR 600-101, chapter 7)
* paying to him all back pay and allowances due as a result of these corrections

BOARD VOTE:

___x__  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

* restoring his initial appointment, with Federal recognition, to 13 January 2009
* promoting him to CW2 and granting him Federal recognition effective and with a date of rank of 13 January 2011, if otherwise qualified
* paying to 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)                                         AR20110002309



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ABCMR Record of Proceedings (cont)                                         AR20110002309



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