IN THE CASE OF:	  

		BOARD DATE:	  29 March 2012

		DOCKET NUMBER:  AR20110011388 


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 the effective date of promotion and date of rank to chief warrant officer two (CW2) in the Army National Guard (ARNG) be adjusted from 20 January 2011 to 5 September 2010.

2.  The applicant states:

* Circumstances beyond his control caused his promotion to be delayed
* He submitted all required documents to his chain of command and kept inquiring about his promotion; he was assured his promotion was being worked
* He continued to inquire even after arrival in Iraq in 2010 and found out that his promotion packet was not shipped back to the brigade in California (CA) but was rather sent through Kuwait and Iraq 
* He turned in his paperwork in August 2010 and should have been promoted in September 2010

3.  The applicant provides:

* Sworn statement and email exchange
* Promotion checklist
* Personnel Qualification Record - Officer/Warrant Officer
* DA Forms 1059 (Service School Academic Evaluation Report)
* DA Form 705 (Army Physical Fitness Test Scorecard)
* DA Form 5500 (Body Fat Content Worksheet)
* Orders 195-1209 (reassignment orders)
* Recommendation for promotion memorandum
* Second recommendation for promotion memorandum of another officer
* Security Clearance verification
* DA Form 2-1 (Personnel Qualification Record)
* Appointment memorandum
* Individual Medical Readiness Record
* Office Evaluation Report
* State promotion order to CW2
* U.S. Army Reserve promotion memorandum
* National Guard Bureau (NGB) Special Orders Number 14 AR
* Orders 170-429 (mobilization orders)

CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service, the applicant was appointed as a Reserve warrant officer of the Army and he executed an oath of office in the CAARNG on 5 September 2008.  He was assigned to Company A, 3rd Battalion, 140th Aviation. 

2.  He entered active duty on 5 September 2008 and completed a series of aviation courses including the Aviation Life Support Equipment Course and the Rotary Wing Course/UH-60 Track.  He was awarded military occupational specialty 153D (UH-60 Pilot) and was honorably released from active duty on 17 February 2010.  

3.  On 30 November 2010, by memorandum addressed to the Commander, 40th Combat Aviation Brigade, Fresno, CA, the applicant's battalion commander indicated the applicant met the military and civilian education, height and weight, security requirements, and physical training requirements; and as such, he recommended him for promotion to CW2.

4.  On 25 January 2011, the NGB published Special Orders Number 14 AR extending him Federal recognition for this promotion with an effective date and date of rank as 20 January 2011. 

5.  An advisory opinion was obtained on 7 February 2012 from the NGB.  An official recommended disapproval of the applicant's request.  The official stated:

	a.  the applicant signed an oath of office on 5 September 2008 as a WO1.  His DA Form 1059 shows he met his military education requirements by completing Aviation Warrant Officer Basic Course, on 8 June 2009.  In accordance with National Guard Regulation (NGR) 600-101, Table 7-1 and Table 7-2, the Soldier became eligible for promotion to CW2 on 5 September 2010.  
	b.  Eligibility for promotion does not mean automatic promotion to the next highest grade.  NGR 600-101, paragraph 7-2, states in part, "promotions will be based on: DA 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.  Promotion will not be used solely as a reward for past performance…."

	c.  the applicant has indicated the State failed to submit his promotion packet in a timely manner at the time he became eligible for promotion to CW2.  NGR 600-101, paragraph 7-1 states, "the promotion of officers in the ARNG is a function of the State."  An email from CAARNG, dated 11 August 2011, indicates, "the commander recommended him for promotion on 30 November 2010 and a Federal Recognition Board convened on 20 January 2011 to consider him for promotion.  The board recommended him for promotion and the Chief of National Guard Bureau issued orders promoting him on 25 January 2011 with an effective date of 20 January 2011." 

	d.  Even if the applicant's packet would have been submitted at the time of his eligibility, taken in account the approximate 120 days for a promotion packet to go through the necessary approval channels and be signed by the Secretary of Defense, the earliest date he could have been promoted to CW2 would have been approximately 5 January 2011. The time between this date and the date he was promoted to CW2 is minimal and does not warrant an amendment to the DOR.  In this case, the State simply did not act as quickly as the Soldier would have liked.  The State concurs with this recommended course of action.    

6.  The applicant was provided with a copy of this advisory opinion but he did not respond. 

7.  NGR 600-101 prescribes the NGB policies and procedures governing the appointment, assignment, and management of warrant officers of the ARNG.  

	a.  Paragraph 7-1 states the promotion of officers in the ARNG is a function of the State.

	b.  Paragraph 7-2 states promotions will be based on: DA 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.  Promotion will not be used solely as a reward for past performance…."

DISCUSSION AND CONCLUSIONS:

1.  The applicant was recommended for promotion to CW2 by his battalion commander on 30 November 2010.  His promotion packet was considered by a Federal Recognition Board that convened on 20 January 2011 to consider him for promotion.  The board recommended him for promotion and the NGB published official orders promoting him on 25 January 2011 with an effective date of 20 January 2011.

2.  The applicant's promotion packet appears to have been timely submitted.  But even if his packet was not submitted at the time of his eligibility, it normally takes approximately 120 days for a promotion packet to go through the necessary approval channels and be signed by the Secretary of Defense.  The earliest date he could have been promoted to CW2 would have been approximately 5 January 2011.  The time between this date and the date he was promoted to CW2 is minimal and does not warrant an amendment to the DOR.  In this case, the State simply did not act as quickly as the Soldier would have liked.  

3.  In view of the foregoing evidence, he is not entitled to the requested relief.

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)                                         AR20110011388





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110011388



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1