BOARD DATE: 11 October 2012
DOCKET NUMBER: AR20110019552
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 an adjustment of his date of rank (DOR) for chief warrant officer three (CW3) from 12 April 2010 to 17 September 2003.
2. The applicant states:
* He wants his DOR adjusted based on time served in the inactive Retired Reserve
* He was promoted to CW2 and received Federal Recognition to CW2 on 17 September 1997
* He was transferred to the Retired Reserve on 31 July 1998
* He was reassigned to the U.S. Army Reserve (USAR) on 15 October 2007
* He was promoted to CW3 on 12 April 2010
3. The applicant provides:
* National Guard Bureau (NGB) orders, dated 15 April 2010, 14 November 1997, and 5 June 2008
* Memorandum, dated 1 May 2010
* DA Form 1059 (Service School Academic Evaluation Report)
* Reassignment orders, dated 20 March 2008
* Appointment orders, dated 8 May 2008
* Promotion orders, dated 12 April 2010 and 7 October 1997
CONSIDERATION OF EVIDENCE:
1. Having prior enlisted service in the Regular Army and Army National Guard (ARNG), the applicant was appointed as a warrant officer one in the ARNG on
6 May 1994.
2. Orders 152-023, issued by the State of Georgia, dated 7 October 1997, promoted the applicant to CW2, effective 17 September 1997.
3. Special Orders Number 220 AR, issued by the NGB, dated 14 November 1997, extended the applicant Federal recognition for promotion to CW2, effective 17 September 1997.
4. He was transferred to the Retired Reserve on 31 July 1998.
5. On 20 March 2008, he was released from the Retired Reserve and assigned to the USAR Control Group (Reinforcement). He was appointed in the ARNG in the rank of CW2 effective 21 April 2008.
6. He completed the Warrant Officer Advanced Course (WOAC) on 12 April 2010.
7. Orders 102-810, issued by the State of Georgia, dated 12 April 2010, promoted the applicant to CW3, effective 12 April 2010.
8. Special Orders Number 72 AR, issued by the NGB, dated 15 April 2010, extended the applicant Federal recognition for promotion to CW3, effective
12 April 2010.
9. In the processing of this case, a staff advisory opinion was obtained from the Chief, Personnel Policy Division, NGB. The advisory opinion points out:
a. The applicant was promoted to CW2 on 17 September 1997 and transferred to the Retired Reserve on 31 July 1998.
b. He was released from the Retired Reserve to the USAR Control Group (Reinforcement) on 20 March 2008. On 21 April 2008, he was accessed into the Georgia ARNG and completed WOAC on 12 April 2010. Federal Recognition orders, dated 15 April 2010, show he was promoted to CW3 effective 12 April 2010.
c. National Guard Regulation (NGR) 600-101 (Warrant Officer - Federal Recognition and Related Personnel Actions), paragraph 7-7a(1), states "to be eligible for promotion, an ARNG warrant officer should be in an active status and DMOS (Duty Military Occupational Specialty) qualified." Active status is defined in Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officer other than General Officers) as "all Soldiers of the Army National Guard of the United States (ARNGUS) or U.S. Army Reserve (USAR) who are not in the inactive Army National Guard, in the Standby Reserve, or in the Retired Reserve."
d. NGR 600-101, paragraph 7-9(a) and table 7-2 state "The military education levels must be attained prior to the effect date of next promotion." The requirement for promotion to CW3 is WOAC. He did not complete WOAC until 12 April 2010 and was not eligible for promotion prior to this date.
10. The advisory official recommends disapproval of the applicant's request to adjust his DOR because he was not in an active status nor was he DMOS qualified on the date he requests his promotion to CW3 be adjusted.
11. A copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. The applicant did not respond.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests an adjustment of his DOR for CW3 to 17 September 2003.
2. The evidence of record shows the applicant:
* was promoted to CW2 on 17 September 1997
* was transferred to the Retired Reserve on 31 July 1998
* was released from the Retired Reserve and assigned to the USAR Control Group (Reinforcement) in March 2008
* was appointed in the ARNG in the rank of CW2 on 21 April 2008
* completed WOAC on 12 April 2010
* was promoted to CW3 effective 12 April 2010
3. The governing regulation states to be eligible for promotion an ARNG warrant officer should be in an active status and DMOS qualified. The applicant was not in an active status nor was he DMOS qualified on 17 September 2003.
4. In addition, since he did not complete WOAC until 12 April 2010, he was not eligible for promotion to CW3 prior to that date.
5. In view of the foregoing, there is no basis for granting 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) AR20110019552
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