IN THE CASE OF:	  

		BOARD DATE:  2 February 2012

		DOCKET NUMBER:  AR20110021677 


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 his promotion and effective date of rank to chief warrant officer (CW2) be changed from 2 December 2011 to 4 May 2011.
 
2.  The applicant states:

* on 4 May 2011, he met the requirements for promotion to CW2 upon the completion of the Warrant Officer Basic Leadership Course (WOBLC) [WOBC]
* his unit submitted his promotion packet to The State Adjutant General without his WOBLC completion certification and DA Form 1059 (Service School Academic Evaluation Report)
* because of this administrative error, he did not receive his Federal recognition for CW2 until 2 December 2011
* he had to have Federal recognition orders in order to effect a change in his military occupational specialty (MOS)
* through no fault of his and because of the delay created by his State, he was not able to be promoted when he became eligible and met the requirements on 4 May 2011

3.  The applicant provides:

* self-authored statements
* Orders 334-026, State of Ohio, Adjutant General's Department, Columbus, OH, dated 30 November 2010
* Orders 125-937, State of Ohio, Adjutant General's Department, Columbus, OH, dated 5 May 2011
* Orders 125-940, State of Ohio, Adjutant General's Department, Columbus, OH, dated 5 May 2011
* Special Orders Number 170 AR, Departments of the Army and Air Force, National Guard Bureau, Washington, D.C., dated 27 July 2011
* Special Orders Number 181 AR, Departments of the Army and Air Force, National Guard Bureau, Washington, D.C., dated 8 August 2011
* Memorandum, Departments of the Army and Air Force, National Guard Bureau, Washington, D.C., dated 14 August 2007
* DA Form 1059, dated 4 May 2011
* Certificate (Adjutant General School, U.S. Army Soldier Support Institute), dated 4 May 2011
* Orders, 261-174, State of Ohio, Adjutant General's Department, Columbus, OH, dated 17 September 2008
* Federal Recognition Packet Entry

CONSIDERATION OF EVIDENCE:

1.  Orders 261-174, State of Ohio, Adjutant General's Department, Columbus, OH, dated 17 September 2008, show the applicant was promoted to sergeant first class (SFC) (E-7) with an effective date of 16 September 2008.

2.  The applicant served as an SFC for more than 2 years.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was released from active duty on 22 November 2010.

3.  On 23 November 2010, the applicant was appointed a warrant officer (WO1) in the Ohio National Guard.

4.  The applicant graduated Human Resource Warrant Officer Basic Course on 4 May 2011. 

5.  Orders 125-937, dated 5 May 2011, promoted the applicant to CW2 with an effective date of rank of 4 May 2011.

6.  Orders 125-940, dated 5 May 2011, changed the applicant's MOS with an effective date of 4 May 2011.

7.  In May 2011, the State discovered the applicant did not receive his initial Federal recognition for his appointment as a WO1.  Records show his Federal recognition package was not forwarded to the National Guard Bureau until 6 May 2011.  
8.  Special Orders Number 170 AR, dated 27 July 2011, shows the applicant was granted permanent Federal recognition for his initial appointment as a WO1 with an effective date of 23 November 2010.

9.  Special Orders Number 181 AR, dated 8 August 2011, shows the applicant's MOS was changed with an effective date of 4 May 2011.

10.  In the processing of this case, an advisory opinion was obtained from the Personnel Branch, State of Ohio, Adjutant General's Department, on 21 October 2011.  After careful review, the advisory official stated the processing of applicant's initial appointment packet created a delay of 3 months in the applicant's appointment as a CW2 and requested the applicant be credited with 3 months in grade once his Federal recognition for promotion to CW2 was published.

11.  Special Orders 320 AR, dated 13 December 2011, shows the applicant was granted Federal Recognition as a CW2 with an effective date of 2 December 2011.

12.  National Guard Regulation 600-101 (Warrant Officers – Federal Recognition and Related Personnel Actions) prescribes National Guard policies and procedures governing the appointment, assignment, and management of warrant officers of the ARNG.  

	a.  Chapter 2 provides that in order for a warrant officer to be concurrently appointed as a Reserve warrant officer of the Army, the State action must be Federally recognized.  Federal recognition is the process which ensures that officers appointed by the States meet the qualifications required for service in the Federal Armed Forces.

		(1)  Temporary Federal recognition may be extended to an officer who has been found qualified by a Federal Recognition Board (FRB) for appointment in the ARNG of a State pending receipt of permanent Federal recognition and appointment as a Reserve officer of the Army.  Temporary Federal recognition will automatically terminate six months after the effective date of the State appointment.  However, should the initial period of temporary Federal recognition expire due to administrative processing delays through no fault of the applicant, a subsequent FRB must be convened to consider granting another 6-month period of temporary Federal recognition.

		(2)  The appointment of warrant officers in the ARNG is a function of the State concerned.  Upon appointment in the ARNG of a State and subscribed to 


an oath of office, a Soldier assumes a State status under which to serve.  Such a Soldier acquires a Federal status when he/she is Federally recognized by the Chief, National Guard Bureau, and appointed as a Reserve of the Army.  The effective date of Federal recognition is the date the warrant officer executes the oaths of office (NGB Form 3370).
	
   b.  Chapter 7 addresses promotions and states:

		(1)  A warrant officer promoted by the State and extended Federal recognition in the higher grade will be concurrently promoted to the higher grade in the Reserve of the Army.

		(2)  To be considered for Federal recognition and concurrent Reserve of the Army promotion to CW2 following State promotion to fill a unit vacancy, an ARNG WO1 must have his/her unit commander's recommendation and:

			(a)  be in an active status and duty MOS qualified,

			(b)  be medically fit and meet height and weight standards,

			(c)  have completed 2 years of service as a WO1,

			(d)  have completed the WOBC, and

			(e)  have passed an Army Physical Fitness Test.

	c.	National Guard Bureau Policy Memorandum #07-226, subject:  Policy to Appoint Sergeant First Class (SFC) to Chief Warrant Officer Two (CW2), dated 14 August 2007, states:

		(1)  Effective on the date of this memorandum, States are authorized to appoint SFC (E-7) to the grade of CW2 if they meet the criteria below.  SFC who has served a minimum of two consecutive years as an E-7 may be appointed to CW2 in one of two ways:

			(a)  SFC who is certified by the DA MOS proponent prior to the date of initial appointment (attendance of WOBC not required) may be appointed in the grade of CW2 upon completion of Warrant Officer Candidate School (WOCS).  Constructive credit for WOCs may be granted if the Soldier has satisfactorily completed an OCS within the previous 5 years.

			(b)  SFC who is eligible for MOS training may be promoted to CW2 after completion of WOCS and WOBC.  Constructive service credit for WOCS
may be granted if the Soldier satisfactorily completed an OCS within the previous 5 years.

		(2)  Appointment for Master Sergeant (MSG) (E-8) through Command Sergeant Major (CSM) (E-9) remains the same.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for changing his effective date of promotion to CW2 was carefully considered and determined to have merit.

2.  The Ohio National Guard originally failed to process the applicant's initial Federal recognition as a WO1 until after he qualified for promotion to CW2.  The time consumed in obtaining the applicant's initial Federal recognition delayed his appointment as a CW2.  This occurred through no fault of the applicant.

3.  Clearly the applicant qualified for promotion to CW2.  In accordance with National Guard Bureau Policy Memorandum #07-026, he was entitled to promotion to CW2 on 4 May 2011 based on:

* meeting the criteria of serving as an E-7 for two years
* completing WOBC on 4 May 2011

4.  Notwithstanding the advisory opinion recommending the applicant's effective date of promotion be adjusted by 3 months, the proper correction is to amend the applicant's Federal recognition order to CW2 to show an effective date of 4 May 2011, vice 2 December 2011.

5.  Additionally, he is entitled to all back pay and allowances due as a result of this correction.
 
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 Department of the Army records of the individual concerned be corrected by:

	a.  Amending Special Orders Number 320 AR, National Guard Bureau, Washington, DC, dated 13 December 2011, to show Federal recognition effective date and date of rank of 4 May 2011, if otherwise qualified.

	b.  Paying him back pay and all allowances due as a result of this correction.



      __________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)                                         AR20110021677



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ABCMR Record of Proceedings (cont)                                         AR20110021677



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