IN THE CASE OF:
BOARD DATE: 24 July 2012
DOCKET NUMBER: AR20110025000
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 correction of his promotion date and Federal recognition date for chief warrant officer two (CW2) to 15 December 2010 with all pay and allowances due as a result of this correction.
2. He states a National Guard Bureau (NGB) policy authorized States to appoint specified Soldiers in the rank of sergeant first class (SFC)/E-7 to CW2.
a. He graduated from the warrant officer basic course (WOBC) on 14 December 2010 and the state of Texas did not process his Federal recognition packet until 20 January 2011 resulting in his promotion being delayed until 16 August 2011.
b. Two of his classmates from other States were promoted to CW2 in December 2010. There is no clear reason why his promotion to CW2 should not have occurred prior to the change in Federal law on 6 January 2011. His Federal recognition packet was sent through channels from his brigade S-1 warrant officer on 17 December 2010. A Federal Recognition Board met on 20 December 2010. Even if the board did not meet on 20 December 2010, it is not uncommon to have off-cycle boards for promotions and officer moves. If two other States could promote per the policy, Texas should have been able to do so.
3. He provides his CW2 promotion packet and an NGB policy memorandum.
CONSIDERATION OF EVIDENCE:
1. He was promoted to the rank of SFC effective 7 July 2005.
2. His military records show he was appointed in the Texas Army National Guard (TXARNG) as a warrant officer one (WO1) effective 29 June 2010.
3. He completed the Property Accounting Technician WOBC on 14 December 2010.
4. On 17 December 2010, he was recommended for promotion to CW2. The memorandum verified he met all requirements for promotion to the higher grade.
5. On 20 January 2011, a Federal Recognition Board recommended granting him Federal recognition for promotion to CW2.
6. A memorandum from NGB, dated 16 August 2011, shows he was promoted to CW2 effective 12 August 2011.
7. NGB published Special Orders Number 189 AR, dated 16 August 2011, extending him Federal recognition for CW2 effective 12 August 2011 and changing his military occupational specialty (MOS) to 920A (Property Accounting Technician).
8. National Guard Regulation 600-101 (Warrant Officers Federal Recognition and Related Personnel Actions) prescribes policies and procedures for ARNG warrant officer personnel management. Chapter 7 states that promotion of warrant officers in the ARNG is a function of the State. As in original appointments, a warrant officer promoted by State authority has a State status in the higher grade under which to function. However, to be extended Federal recognition in the higher grade, the officer must satisfy the requirements for this promotion. Promotions will be based on the Department of the Army proponent duty MOS certification via satisfactory completion or constructive credit of the 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.
9. An NGB Policy Memorandum, dated 14 August 2007, subject: Policy to Appoint SFC to CW2 (NGB-ARH Policy Memorandum 07-026), states an SFC who has served a minimum of 2 consecutive years as an E-7 may be appointed to CW2 after completion of warrant officer candidate school and WOBC. This policy also applies to all Soldiers currently in the grade of WO1 who met the requirements prior to appointment. Warrant officers in the grade of WO1 meeting the requirements above should submit their promotion packets to the next scheduled Federal Recognition Board for consideration, provided they meet all other requirements.
10. NGB Policy Memorandum 11-015, dated 14 June 2011, subject: Federal Recognition of Warrant Officers in the ARNG, states ARNG warrant officers are initially appointed and are also promoted by the State or Territory to which the officer is assigned. The Chief, NGB, reviews and approves those actions. Title 10, U.S. Code, sections 571b and 12241b, introduced a requirement that all warrant officer appointments and promotions to chief warrant officer grades in the ARNG be made by the President of the United States. As a result, effective 7 January 2011, all initial appointments of warrant officers and promotion to higher grades by warrant or commission will be issued by the President (delegated to the Secretary of Defense). Requests for appointment will be staffed through the Department of the Army, Deputy Chief of Staff, G-1. This requirement may add 90 days or more to the process for approval for appointments or promotions to be completed.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows he was promoted to SFC on 7 July 2005 and appointed to WO1 on 29 June 2010. He completed the Property Accounting Technician WOBC on 14 December 2010. On 17 December 2010, he was recommended for promotion to CW2. Based on the foregoing, he met the eligibility criteria of NGB Memorandum Number 07-026 and was otherwise eligible for consideration by a Federal Recognition Board for promotion to CW2.
2. On 20 January 2011, a Federal Recognition Board considered him for promotion and recommended granting Federal recognition for promotion to CW2.
3. His contention that two of his classmates from other States were promoted to CW2 in December 2011 and his implication that he could have been considered by a Federal Recognition Board on 20 December 2011 and therefore the TXARNG should have processed his promotion packet more promptly resulting in being Federally recognized for promotion to CW2 prior to the change in law effective on 7 January 2011 are noted.
4. It is unfortunate that his promotion was delayed as a result of a statutory change in the procedures for the promotion of warrant officers mandated by the change in law that warrant officers be placed on a scroll and staffed to the President (delegated to the Secretary of Defense) for approval. However, during this time for which the procedures for processing warrant officer appointment and promotion scrolls were developed and refined, this change also impacted many other warrant officers under consideration for promotion.
5. While other States may have processed two of his classmates quickly enough to accomplish their promotions to CW2 prior to the change in law effective on 7 January 2011, there is no evidence of record that shows the applicant's promotion to CW2 was delayed due to the TXARNG failing to process his promotion packet in a timely manner. Moreover, it would be unreasonable to expect the TXARNG to complete promotion processing in such a short time. The delay in his promotion was not the result of an error or an injustice as much as it was the inherent consequence of elevating the appointment and promotion authority for warrant officers to such a high level.
6. In view of the foregoing evidence and the change in law, the applicant's effective date of promotion seems appropriate and reasonable and should not be changed.
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 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) AR20110025000
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ABCMR Record of Proceedings (cont) AR20110025000
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