IN THE CASE OF:	

		BOARD DATE:	  10 January 2012

		DOCKET NUMBER:  AR20110006261 


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 his date of rank (DOR) to chief warrant officer two (CW2) be changed from 20 January 2011 to 7 October 2010.

2.  The applicant states he is currently assigned to the 1st Battalion, 140th Aviation Bravo Company in Balad, Iraq.  He submitted his promotion packet to the Battalion S1 on 17 August 2010, while at their mobilization station at Fort Hood, TX.  When he followed up on his submission, a staff sergeant at the Battalion S1 told him the packet had been sent back to the Rear Detachment and his promotion would be on time.  When he arrived in Kuwait, he again followed up on his promotion and was told the promotion was in a computer that was in transit.  At one point he was told the packet was lost so he submitted another packet sometime in November/December and was told to check his iPERMS (integrated Personnel Electronic Records Management System) in January.  His promotion finally processed and was dated 20 January 2011.  

3.  The applicant provides:

* a sworn statement from a sergeant first class (SFC), the noncommissioned officer in charge (NCOIC) of the 1st Battalion S-1 at the time
* S-1 sign in sheet
* email concerning his promotion
* his mobilization orders
* his deployment orders
* promotion orders to CW2
* Federal Recognition orders, dated 25 January 2011
* Personnel Qualification Record
* DA Form 1059 (Service School Academic Evaluation Report), dated 
1 April 2010 

CONSIDERATION OF EVIDENCE:

1.  He was approved for Federal Recognition on 12 March 2008 and on 
7 October 2008 he was appointed a warrant officer one (WO1) in the California Army National Guard (CAARNG).  He had previously served 3 years, 4 months, and 15 days of active service and 2 years, 2 months, and 16 days of inactive service in an enlisted status.

2.  A DA Form 1059, dated 1 April 2010, shows he satisfactorily completed the IER W/UH-60 Track Class on 1 April 2010.

3.  Joint Force Headquarters (JFH), CAARNG Orders 24-1100, dated 24 January 2011 promoted him to CW2 effective 20 January 2011. 

4.  Departments of the Army and the Air Force, National Guard Bureau, Washington DC (DAAF-NGB) Special Orders Number 14 AR, dated 25 January 2011, granted him Federal Recognition in the grade of CW2 effective 20 January 2011.

5.  In a statement from an SFC, the Battalion S-1 NCOIC, dated 13 February 2011, he stated the confusion concerning officer promotion packets and the multiple tasks of preparing the battalion to deploy to Iraq were the main causes of the delay in submitting the applicant's promotion packet to the Federal Recognition Board on time.  It was a long transition period and the minimal resources allocated to them were not conducive to the multiple tasks that they had to endure in order to conduct their daily operations to their full capacity.

6.  An advisory opinion, dated 6 December 2011, was provided by the NGB.  NGB recommended approval of the applicant's request to change his DOR to     7 October 2010.

	a.  Due to circumstances beyond his control, his promotion to CW2 was delayed.  His original packet was lost and he submitted a second packet in December 2010.

	b.  The statement from the NCOIC of the Battalion S-1 indicated the multiple tasks of preparing to deploy to Iraq was the main cause for the delay in submitting the applicant's promotion packet to the Federal Recognition Board on time.

	c.  He met the 2-year time-in-grade requirement for promotion and the education requirements as stated in National Guard Regulation 600-101 (Warrant Officer - Federal Recognition and Related Personnel Actions).  

	d.  He completed the equivalent of the Warrant Officer Basic Course (WOBC) on 1 April 2010.

	e.  It appears the state intended to promote him upon reaching the minimum time in grade. 

	f.  The state concurs with NGB's recommendation for approval.

7.  National Guard Regulation 600-101 provides the policies and procedures for Army National Guard warrant officer personnel management.

	a.  Table 7-1 shows that the minimum time-in grade requirement for promotion to the grade of CW2 is 2 years in the lower grade.

	b.  Table 7-2 shows that the military education requirement for promotion to CW2 is completion of WOBC within 2 years from the date of initial appointment to WO1.

	c.  Paragraph 9-10 provides that an applicant for promotion may be examined for promotion by the Federal Recognition Board not earlier than 3 months in advance of completing the prescribed requirements so that, if recommended by a Federal Recognition Board, promotion may be effected on the date the promotion requirements are met.

8.  A Department of the Army Memorandum, dated 14 January 2005, from the Office of the Deputy Chief of Staff, G-1 provides that all reserve component officers (U.S. Army Reserve and ARNG) in the rank of second lieutenant will be promoted to first lieutenant by the U.S. Army Human Resources Command, Office of Promotions (Reserve Components) or the NGB, as appropriate when they meet the 24-month time-in-grade requirement for promotion and complete the Officer Basic Course (OBC).  This memorandum further provides this policy would apply to WO1's, who would be promoted to CW2 when they meet the time in grade requirements (24 months) for promotion, and complete WOBC.


DISCUSSION AND CONCLUSIONS:

1.  He completed WOBC on 1 April 2010 and he met the 2-year time-in-grade requirement on 7 October 2010.  Therefore, he should have been promoted to CW2 on 7 October 2010 as provided for in the Department of the Army Memorandum, dated 14 January 2005.

2.  According to the NCOIC's sworn statement, the delay in the applicant's promotion was through no fault of his own.

3.  Therefore, it is appropriate to have DAAF-NGB Special Orders Number 14 AR, dated 25 January 2011, amended to show the effective date of permanent Federal Recognition in the grade of CW2 as 7 October 2010.

4.  In addition, it is appropriate to amend JFH, CAARNG Orders 24-1100, dated 24 January 2011, to show the applicant was promoted to CW2 effective 7 October 2010.

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 State Army National Guard and Department of the Army records of the individual concerned be corrected by:

 	a.  amending DAAF-NGB Special Orders Number 14 AR, dated 25 January 2011, to show that the applicant was extended permanent Federal Recognition effective 7 October 2010 in the grade of CW2; and

	b.  amending JFH, CAARNG Orders 24-1100, dated 24 January 2011, to show the applicant was promoted to CW2 effective 7 October 2010.

2.  Additionally, the Defense Finance and Accounting Service should audit the applicant's pay records and provide him from Army National Guard funds any monies due as a result of the above 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)                                         AR20110006261



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ABCMR Record of Proceedings (cont)                                         AR20110006261



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