IN THE CASE OF:	  

		BOARD DATE:	  17 July 2012

		DOCKET NUMBER:  AR20110013748 


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 her date of rank (DOR) to chief warrant officer two (CW2) be changed to read 5 August 2005 instead of 19 September 2007.

2.  The applicant states she was denied promotion because she had to transfer to the U.S. Army Reserve (USAR) in order to hold a military technician position.

3.  The applicant provides:

* a memorandum from the Georgia Army National Guard (GAARNG), dated 20 August 2007
* GAARNG Orders 278-033, dated 5 October 2007
* National Guard Bureau (NGB) Special Orders Number 306 AR, dated 
6 December 2007
* a memorandum from the NGB, dated 26 December 2007
* NGB Federal Recognition Orders Number 292 AR, dated 20 November 2008

CONSIDERATION OF EVIDENCE:

1.  The applicant had prior enlisted service in the GAARNG and the highest enlisted rank she held was sergeant first class (SFC).  The applicant is currently serving in the USAR.  

2.  On 5 August 2005, the applicant executed an NGB Form 337 (Oaths of Office) as a WO1 in the GAARNG and she was granted temporary Federal recognition.

3.  GAARNG Orders 216-005, dated 4 August 2005, show the applicant was appointed in the GAARNG as a warrant officer one (WO1) with a DOR of 
5 August 2005.  The orders show her promotion eligibility date to CW2 as
5 August 2007. 

4.  GAARNG Orders 278-033, dated 5 October 2007, show the applicant was promoted to the rank of CW2 with a DOR of 5 August 2005.

5.  GAARNG Orders 348-008, dated 14 December 2007, revoked Orders 
278-033, dated 5 October 2007, pertaining to the applicant's DOR to CW2.

6.  GAARNG Orders 348-007, dated 14 December 2007, show the applicant was promoted to CW2 with an effective date and DOR of 19 September 2007.

7.  An NGB memorandum, dated 26 December 2007, shows that the applicant was promoted as a Reserve Commissioned Warrant Officer of the Army in the rank of CW2 for service in the ARNG with an effective date and date of rank of 
19 September 2007.

8.  NGB Federal Recognition Orders Number 321 AR, dated 26 December 2007, show that the applicant was awarded Federal recognition for the purpose of promotion to CW2 in the GAARNG effective 19 September 2007.  

9.  The applicant's records contain an NGB Form 22 (Report of Separation and Record of Service) which shows she was honorably discharged from the GAARNG on 15 December 2007 and transferred to the USAR Control Group (Reinforcement).  The NGB Form 22 shows her rank as WO1.

10.  NGB Federal Recognition Orders Number 292 AR, dated 20 November 2008, show that the applicant's Federal recognition was withdrawn in the GAARNG for the purpose of transferring to the USAR effective 15 December 2007 at the rank of CW2.

11.  In the processing of this case an advisory opinion was obtained from the Chief of the Personnel Policy Division of the NGB.  The official recommended 


disapproval of the applicant's request for DOR to CW2 from 5 August 2005 instead of 19 September 2007.

12.  The NGB official further stated "The Soldier states that she was denied promotion to CW2 due to transfer to the United States Army Reserve (USAR) in order to acquire a Military Technician position."  According to the GAARNG, the applicant voluntarily initiated the transfer to the USAR.  The transfer to the USAR did not affect her promotion to CW2.  The applicant signed an oath of office on 
5 August 2005 and was appointed as WO1 in the GAARNG.  

13.  The NGB official continued that the GAARNG did not have the authority to appoint an SFC in the rank of CW2 until NGB Policy Memorandum Number      07-026 authorized such action, effective 14 August 2012.

14.  A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  She declined rebuttal to the advisory opinion.

15.  National Guard Regulation 600-101 (Warrant Officers-Federal Recognition and Related Personnel Actions) provides procedures for processing all 
applications for Federal recognition.  Paragraph 2-2 states the appointment of warrant officers is a function of the state concerned.  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 warrant officers of the Army with assignment to the Army National Guard of the United States if they have not already accepted such appointment.  

16.  NGB Memorandum, dated 14 August 2007, Subject: Policy to Appoint SFC to CW2, states effective the date of the memorandum States are authorized to appoint SFCs to the grade of CW2, if they met the requirements.  It states an SFC who has served a minimum of two consecutive years as an SFC may be appointed to CW2 in one of two ways:

* an SFC who is certified by the Department of the Army military occupational specialty (MOS) proponent prior to the date of initial appointment may be appointed in the rank of CW2
* an SFC who is eligible for MOS training may be promoted to CW2 after the completion of Warrant Officer Candidate School (WOCS) and Warrant Officer Basic Course



DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to have her DOR to CW2 changed to read 5 August 2005 instead of 15 December 2007 was carefully considered and it was determined there is insufficient evidence to support her request.  

2.  There is no evidence and the applicant has not provided evidence that shows she was denied promotion to CW2 due to her voluntary transfer to the USAR in order to hold a military technician position.  Evidence of record clearly shows that GAARNG Orders 278-033, dated 5 October 2007, erroneous promoted her to CW2 with a DOR of 5 August 2005.  GAARNG Orders 348-008, dated                14 December 2007, revoked those orders.

3.  GAARNG Orders 348-007, dated 14 December 2007, promoted her to CW2 with a DOR of 19 September 2007.

4.  The applicant was awarded permanent Federal recognition for the purpose of promotion to the rank of CW2 with an effective date of 19 September 2007.  She was properly promoted to CW2 with a DOR of 19 September 2007, the date her promotion was Federally recognized.  The GAARNG did not have the authority to appoint an SFC to CW2, because the NGB policy letter authorizing them to do so did not go into effect until August 2007.

5.  It does appear that the applicant’s NGB Form 22 contains the incorrect rank; however, she may contact the GAARNG for a correction to that document.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20110013748





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ABCMR Record of Proceedings (cont)                                         AR20110013748



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