IN THE CASE OF:
BOARD DATE: 29 November 2011
DOCKET NUMBER: AR20110009973
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 that his initial appointment date in the Ohio Army National Guard (OHARNG) be corrected to 1 August 2008 and that his date of rank (DOR) for promotion to Chief Warrant Officer Two (CW2) be corrected to show 1 August 2010.
2. He states the OHARNG did not process his initial appointment packet for permanent Federal Recognition in a timely manner. Additionally, since he was not federally recognized as a member of the Army National Guard (ARNG) until 24 September 2010, his DOR to CW2 was affected.
3. The applicant provides:
* His Oaths of Office
* Federal Recognition Board proceedings
* His discharge and initial appointment orders
* A Federal Recognition order
* His promotion orders
* A letter from the OHARNG Adjutant General
CONSIDERATION OF EVIDENCE:
1. His record shows that after serving a period of enlisted service in the Regular Army, he was honorably released from active duty (REFRAD) on 17 June 1992. He enlisted in the OHARNG on 9 November 1992. He continued to serve and attained the grade of staff sergeant/E-6.
2. The applicantÂ’s record contains documentation which shows he initially applied for Federal Recognition as an ARNG Warrant Officer and appointment as a Reserve Warrant Officer on 19 February 2007. On 15 March 2007, a Federal Recognition Board recommended that he be granted Federal Recognition.
3. On 19 March 2007, he was appointed to warrant officer candidate and on
31 May 2007, he was released from his enlisted assignment as a technical inspector and transferred on 1 June 2007 to a Unit Maintenance Officer slot.
4. Effective 31 July 2008, the applicant was honorably discharged as an enlisted Soldier from the ARNG.
5. After having been granted temporary Federal Recognition, he completed an oath of office as an ARNG WO1 on 1 August 2008.
6. The applicant completed the Automotive Maintenance Warrant Officer Basic Course on 1 June 2009.
7. He provided Orders 169-967, dated 18 June 2010. These orders show he was promoted to CW2 on 1 August 2010.
8. The applicant also provided Orders 295-033 that show his initial temporary Federal Recognition expired.
9. On 24 September 2010, another Federal Recognition Board recommended that the applicant be granted Federal Recognition. Special Orders Number 237 AR, dated 26 October 2010, show he was re-appointed in the ARNG as a WO1 effective 24 September 2010.
10. He also provided a copy of Special Orders Number 272 AR, dated
8 December 2010, which show he received permanent Federal Recognition in the ARNG as a CW2 effective 27 October 2010.
11. As a result, Orders 169-967 for promotion to CW2 were amended by OHARNG Orders 321-930, dated 17 November 2010, to show his DOR as
27 October 2010.
12. An advisory opinion was obtained from the National Guard Bureau (NGB), Personnel Policy Division. That office recommended approval of the applicantÂ’s request with an initial appointment date effective 1 August 2008 and a CW2 promotion effective date of 1 August 2010 with all due back pay and allowances. The Personnel Policy Division also recommended OHARNG Orders 321-930, dated 17 November 2010, be revoked.
13. A copy of the advisory opinion was provided to the applicant for comment; however, the applicant did not respond within the given time frame.
14. National Guard Regulation 600-100 (Commissioned Officer-Federal Recognition and Related Personnel Actions) provides procedures for processing all applications for Federal Recognition. Paragraph 2-1 states commissioned officers of the ARNG are appointed by the several States under Article 1, Section 8 of the U. S. Constitution. These appointments may be federally recognized by
the Chief, NGB under such regulations as the Secretary of the Army may prescribe and under the provisions of this regulation. Officers who are federally recognized in a particular grade and branch shall be tendered an appointment in the same grade as Reserve commissioned officers of the Army with assignment to the Army National Guard of the United States if they have not already accepted such appointment.
15. National Guard Regulation 600-100, paragraph 2-2 states the effective date of Federal Recognition for original appointment is that date on which the commissioned officer executes the oath of office in the State. Paragraph 2-3a states temporary Federal Recognition upon initial appointment establishes the authorized grade to be used by all officers in their federally recognized status.
16. National Guard Regulation 600-100, paragraph 2-13 states temporary Federal Recognition may be extended to an officer who has been appointed in the ARNG of a State and found to be qualified by a Federal Recognition Board pending final determination of eligibility and appointment as a Reserve commissioned officer of the Army. If not sooner withdrawn or replaced by the granting of permanent Federal Recognition, temporary Federal Recognition will
automatically terminate six months after the effective date of State appointment. However, should the initial period of temporary Federal Recognition expire due to administrative processing delays, through no fault of the member, a subsequent Federal Recognition Board should be convened to consider the request again and grant another new period of temporary Federal Recognition if warranted.
17. National Guard Regulation 600-100, paragraph 10-15b states temporary Federal Recognition may be granted by a Federal Recognition Board to those eligible when the board finds that the member has successfully passed the examination prescribed herein, has subscribed to the oath of office, and has been appointed by a State order for assignment to a position vacancy in a federally recognized unit of the ARNG. The Federal Recognition Board will forward the application and allied documents to The Adjutant General. When the member is favorably recommended, The Adjutant General will endorse the packet to the NGB. If the member meets the qualifications and requirements for Federal Recognition, the Chief, NGB extends permanent Federal Recognition to the member in the grade and branch in which the member is qualified.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows he took his initial ARNG oath of office as a Reserve Warrant Officer in the grade of WO1 on 1 August 2008. As a result, the OHARNG granted the applicant temporary Federal Recognition on the same date.
2. However, it appears he was never granted permanent Federal Recognition through an administrative error and as a result, he was re-appointed as a WO1 effective 24 September 2010. Since he did not receive his Permanent Federal Recognition in a timely manner, his DOR to CW2 was adjusted to reflect
27 October 2010.
3. It would be equitable to take the following actions:
a. show he was granted Federal Recognition as a WO1 on 1 August 2008;
b. amend Special Orders Number 237 AR, dated 26 October 2010, showing Federal Recognition for initial appointment to the grade of WO1 was granted effective 1 August 2008 (the date he completed his first ARNG oath of office);
c. amend Special Orders Number 272 AR, dated 8 December 2010, to show he was promoted to CW2 with a DOR and effective date of promotion of 1 August 2010, and he was granted Federal Recognition as a CW2 on the same date;
d. revoke OHARNG Orders 321-930, dated 17 November 2010; and
e. pay him all due back pay and allowance 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 that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all State Army National Guard records and all Department of the Army records of the individual concerned be corrected by:
a. showing he was granted Federal Recognition as a WO1 on 1 August 2008;
b. amending Special Orders Number 237 AR, dated 26 October 2010, showing Federal Recognition for initial appointment to the grade of WO1 was granted effective 1 August 2008 (the date he completed his first ARNG oath of office);
c. amending Special Orders Number 272 AR, dated 8 December 2010, to show he was promoted to CW2 with a DOR and effective date of promotion of 1 August 2010, and he was granted Federal Recognition as a CW2 on the same date;
d. revoking OHARNG Orders 321-930, dated 17 November 2010; and
e. paying him all due back pay and allowance 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.
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