BOARD DATE:	17 November 2011

		DOCKET NUMBER:  AR20110003644 


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 promotion effective date and date of rank for chief warrant officer two (CW2) from 23 October 2009 to 2 May 2009.

2.  He states an administrative error at the unit due to the staff being in transition and understaffing issues prevented the prompt and complete submission of all required documents for the promotion packet.  He completed the warrant officer basic course (WOBC) on 10 September 2008.  The qualification for promotion to CW2 was met on 20 March 2009.  His valid Army Physical Fitness Test (APFT) and height and weight evaluations and security clearance were on file.

3.  He provides:

* 2003 Person Summary for security clearance
* Army National Guard (ARNG) initial appointment orders, dated 19 April 2007
* DA Form 705 (AFPT Scorecard), dated April 2008
* DA Form 1059 (Service School Academic Evaluation Report), dated 10 September 2008
* Medical Operational Data System – Individual Medical Readiness Record, dated 2 May 2009
* recommendation for promotion of warrant officer (WO) memorandum, dated 2 May 2009
* Personnel Qualification Record – Officers/WO's, dated 2 May 2009
* 
change of military occupational specialty (MOS) orders, dated 31 August 2009
* CW2 promotion orders, dated 22 January and 18 February 2010

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was appointed in the Missouri Army National Guard (MOARNG) as a warrant officer one (WO1) effective 20 March 2007.

2.  National Guard Bureau (NGB) published Special Orders Number 214 AR, dated 31 August 2009, extending him Federal recognition in MOS 001A effective 10 September 2008.

3.  He completed the Information Systems Technician WOBC on 10 September 2008.

4.  On 2 May 2009, he was recommended for promotion to CW2.  The memorandum verified he met all requirements for promotion to the higher grade.

5.  He completed a DA Form 71 (Oath of Office – Military Personnel) for appointment in the MOARNG as a CW2 on 2 May 2009.

6.  MOARNG published Orders 022-162, dated 22 January 2010, promoting him to CW2 with an effective date of 23 October 2009.  The orders stated, "Individual will not be paid at the higher grade until Federal recognition confirmed."

7.  NGB published Special Orders Number 28 AR, dated 18 February 2010, extending him Federal recognition in the grade of CW2 with an effective date of 23 October 2009 and issued promotion orders.

8.  He completed another oath of office for appointment in the MOARNG as a CW2 on 23 October 2009.

9.  In an advisory opinion received on 4 November 2011, the Chief, Personnel Division, NGB, reiterated the applicant's requests.  The NGB official stated:

	a.  The Soldier signed an oath of office on 20 March 2007 and completed the WOBC on 10 September 2008.  The Soldier became eligible for promotion to CW2 on 20 March 2009.

	b.  This is in accordance with National Guard Regulation 600-101 (WO's – Federal Recognition and Related Personnel Actions), section 7-8, that states, "a WO 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 for promotion to CW2.  Table 7-2, states, "the Soldier has to complete the WOBC or equivalent within 2 years from the date of initial appointment as a WO1."

	c.  Eligibility for promotion does not mean automatic promotion to the next higher grade.  National Guard Regulation 600-101, paragraph 7-2, states, "promotion will be based on Department of the Army duty proponent MOS certification via satisfactory completion or constructive credit of appropriate level of military education, time in grade, demonstrated technical and tactical competence, and potential for service in the next higher grade as determined by a Federal recognition board (FRB).  Promotion will not be used solely as a reward for past performance."

	d.  An NGB memorandum, dated 18 February 2010, stated, "your promotion and authorization for pay and allowances in the higher grade are effective on the date shown after A above."  The date reflected on the memorandum is 23 October 2009.  WO policy indicates the recommendation for promotion by the State does not justify the promotion prior to the date of the FRB.

10.  The NGB official recommended denial of the applicant's request and the State concurred.

11.  The opinion was forwarded to the applicant for acknowledgement/rebuttal on 4 November 20011.  He did not respond.

12.  National Guard Regulation 600-101 prescribes the policies and procedures for ARNG WO personnel management.  Paragraph 7-1 of this regulation specifies that appointment and promotion of WO's in the ARNG is a function of the State Adjutant General.  These appointments and promotions must be Federally recognized.  WO's may be examined for promotion not earlier than 3 months in advance of completing the prescribed promotion requirements so that, if recommended by a FRB, promotion may be effected on the date the promotion requirements are met.  FRB's convening to examine promotion of WO's who have passed their promotion eligibility date, may, if so recommended and determined fully qualified on their promotion eligibility date, consider granting temporary Federal recognition retroactive to that date, but not earlier than 90 days from the date of the FRB.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was appointed as a WO1 effective 20 March 2007 and completed WOBC on 10 September 2008.  Based on the requirement for completion of 2 years of time in grade for promotion to CW2, he was eligible for promotion on 20 March 2009.

2.  He was recommended for promotion to CW2 on 9 May 2009.  On 22 January 2010, MOARNG published orders promoting him to CW2 with an effective date of 23 October 2009.  The orders stated he would not be paid at the higher grade until Federal recognition was confirmed.  He was extended Federal recognition and promoted to CW2 with an effective date of 23 October 2009.

3.  It appears his promotion to CW2 was approved by an FRB held in January 2010 with an effective date no earlier than 90 days from the date of the FRB in accordance with regulatory guidance.  This is the earliest possible promotion date for which he was eligible.  Promotion is not automatic upon meeting the time in grade, education, and all other requirements.  He was not eligible for promotion until after the FRB made its recommendation for his promotion.  WO policy indicates that recommendation for promotion by the State does not justify the promotion prior to the date of the FRB.

4.  His contention was noted and was found to lack merit.  The evidence of record does not show his promotion to CW2 was delayed or that an administrative error occurred denying him a timely promotion to CW2.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X_  __X______  ____X____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      __________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)                                         AR20110003644



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ABCMR Record of Proceedings (cont)                                         AR20110003644



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