IN THE CASE OF:	  

		BOARD DATE:	  21 September 2011

		DOCKET NUMBER:  AR20110009877 


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) to chief warrant officer three (CW3) in the New Mexico Army National Guard (NMARNG) from 4 March 2008 to 24 May 2007.

2.  The applicant states, in effect, he was promoted to CW3 on 17 December 2008.  However, he petitioned the Army Board for Correction of Military Records (ABCMR) for an adjustment of this date to 3 March 2008, the date he completed the warrant officer advanced course (WOAC).  The Board granted him relief in that it recommended an amendment to his DOR to 4 March 2008.  National Guard Regulation (NGR) 600-101 (Warrant Officers - Federal Recognition and Related Personnel Actions) states that in order to attend WOAC, a warrant officer must be within one year of promotion prior to enrollment.  Due to the ABCMR's decision, he would have had the opportunity to attend WOAC, sooner and prior to 24 May 2007, the anniversary of his promotion.  

3.  The applicant provides:

* ABCMR Docket Number AR20090015809
* National Guard Bureau (NGB) Special Orders 276 AR (adjusting his DOR to chief warrant officer two (CW2))
* NGB Special Orders Number 84 AR (adjusting his effective date of promotion to CW3 to 4 March 2008)



CONSIDERATION OF EVIDENCE:

1.  Having prior enlisted service, the applicant was appointed as a warrant officer one in the NMARNG and executed the oath of office on 19 May 2000.  He held military occupational specialty (MOS) 918 (Unit Maintenance Officer) and he was assigned to Battery B, 1st Battalion, 200th Air Defense Artillery, Hobbs, NM.

2.  On 2 August 2005, NGB published Special Orders Number 253 AR extending him Federal recognition for promotion to CW2 with an effective date and DOR of 2 August 2005.

3.  On 4 March 2008, he completed WOAC at Redstone Arsenal, AL.

4.  On 16 September 2008, the Board granted him relief in the form of adjustment of his DOR and effective date of promotion to CW2 from 2 August 2005 to 19 May 2002.  Accordingly, on 28 October 2008, NGB issued Special Orders Number 276 AR adjusting his DOR and effective date of promotion to CW2 to 19 May 2002 per the Board's directive.

5.  On 19 February 2009, he received a memorandum informing him that he was considered and selected by the Fiscal Year 2008 Reserve Components Selection Board for promotion to CW3 with an effective date and DOR of 17 December 2008.  

6.  On 19 February 2009, the NGB issued Special Orders Number 38 AR extending him Federal recognition for promotion to CW3 with an effective date and DOR of 17 December 2008.

7.  On 1 April 2010, the Board granted him relief in the form of adjustment of his DOR and effective date of promotion to CW3 from 17 December 2008 to 3 March 2008.  Accordingly, on 3 May 2010, NGB issued Special Orders Number 84 AR adjusting his DOR and effective date of promotion to CW3 to 4 March 2008 per the Board's directive.

8.  National Guard Regulation 600-101 prescribes policies and procedures for ARNG warrant officer personnel management.  Chapter 7 states that promotion of warrant officers in the ARNG is a function of the State.  As in original appointments, a warrant officer promoted by State authority has a State status in the higher grade under which to function.  However, to be extended Federal recognition in the higher grade, the officer must satisfy the requirements for this promotion.  Promotions will be based on the Department of the Army proponent duty 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.  Promotion will not be used solely as a reward for past performance.

9.  A warrant officer must complete the minimum years of promotion service as shown in Table 7-1 and the education requirements of Table 7-2 of National Guard Regulation 600-101 to attain eligibility for promotion and receive Federal recognition in the higher grade.  Table 7-1 states, in pertinent part, that the minimum time in grade for promotion to CW3 is 6 years in the lower grade.  Warrant officers in grade position rank coded higher than his/her current grade may be considered for promotion upon completion of 5 years in the lower grade. Table 7-2 states, in pertinent part, that the minimum military education requirement for promotion to CW3 is completion of the common core prerequisite correspondence studies and the duty MOS WOAC or equivalent.

10.  WOAC provides additional training for warrant officers serving at company and battalion levels.  Until on or about 1 October 1998, WOAC is the only ARNG requirement for promotion to the grades of CW3 (and chief warrant officer four).  Prior to admittance into a WOAC, all warrant officers must have completed the prerequisite common core studies (13 modules) provided by the Warrant Officer Career Center, Fort Rucker, AL.  Enrollment in the prerequisite studies is accomplished by request to NGB.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was initially promoted to CW2 on 2 August 2005.  However, Board action led to an amendment of his DOR and effective date to 19 May 2002.  Based on this adjusted DOR, he met the criteria for promotion consideration to CW3 in 2008.  

2.  He was selected for promotion to CW3 with an effective date and DOR as 17 December 2008.  However, having completed WOAC on 4 March 2008, Board action recommended an adjustment of his effective date and DOR for this promotion to 4 March 2008.  

3.  His contentions that had his DOR to CW2 and CW3 been correct, he would have requested attendance, received funding, attended, and successfully completed an earlier WOAC are speculative at best.  He successfully completed this course on 4 March 2008 and his DOR was adjusted to this date accordingly. Granting him an earlier date would give him an advantage not otherwise available to many other CW3s.  He should not receive such advantage.


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 that 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)                                         AR20110009877



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ABCMR Record of Proceedings (cont)                                         AR20110009877



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