IN THE CASE OF:
BOARD DATE: 2 August 2012
DOCKET NUMBER: AR20110025106
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, in effect, his effective date of promotion and date of rank to chief warrant officer two (CW2) in the Army National Guard (ARNG) be adjusted from 18 November 2007 to 19 October 2006.
2. The applicant states an All Army Activities (ALARACT) message released in 2007 authorized the promotion to chief warrant officer two (CW2) upon the completion of the Warrant Officer Basic Course (WOBC) if the Soldier had previously held the rank of sergeant first class (SFC/E-7) for over two years. He contends he held the rank of SFC for over two years but his current date of rank is based on the date of his promotion board in September 2007. He was told his promotion packet went through the wrong channels which is why it was never backdated. This mistake has caused him to not be promoted to CW3 at the proper time.
3. The applicant provides:
* Orders Number 036-022, dated 5 February 2003
* Orders Number 271-542, dated 28 September 2007
* DA Form 1059 (Service School Academic Evaluation), dated 19 October 2006
* Policy to Appoint SFC to CW2, National Guard Bureau (NGB) memorandum number 07-026
CONSIDERATION OF EVIDENCE:
1. The applicant provided Orders Number 036-022, issued by the Alabama Army National Guard (ALARNG) on 5 February 2003. These orders promoted him to SFC/E-7 with an effective date of rank of 1 February 2003.
2. After completing the Warrant Officer Candidate School (WOCS) on
17 November 2005, he was appointed as a Reserve warrant officer one (WO1) on 18 November 2005.
3. He attended and successfully completed the Unit Maintenance WOBC on
19 October 2006 and he was awarded specialty 915A (Automotive Maintenance Warrant Officer).
4. A memorandum, dated 14 August 2007, Subject: Policy to Appoint SFC to CW2 (NGB-ARH Policy Memo #07-026), states that an SFC who has served a minimum of two consecutive years as an E7 may be appointed to CW2 in one of two ways and further states an SFC who is eligible for MOS training may be promoted to CW2 after completion of WOCS and WOBC. This policy was effective as of 14 August 2007 and does not imply retroactive implementation.
5. This policy also applied to all Soldiers currently in the grade of WO1 who met the requirements prior to appointment.
6. On 28 September 2007, the ALARNG published Orders 271-542 promoting him to CW2 effective 18 November 2007.
7. On 3 October 2007, NGB published special orders (SOs) Number 239 AR extending him Federal recognition for his promotion to CW2 effective 18 November 2007.
8. On 4 October 2007, the ALARNG published Orders 277-608 amending Orders 271-542 to show the effective date of his promotion to CW2 effective was corrected to show 27 September 2007 with a date of rank of 18 November 2007.
9. On 9 October 2007, NGB published SOs Number 242 AR amending SO Number 239 AR to show he was extended Federal recognition for his promotion to CW2 effective 27 September 2007.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicant was promoted to SFC on 1 February 2003 and he held the rank continuously until appointment to WO1 on
18 November 2005. Evidence of record also shows that he completed the Automotive Maintenance Warrant Officer Course on 19 October 2006. Based on the foregoing, and in accordance with NGB-ARH Policy Memorandum Number 07-026, his promotion effective date to CW2 should be corrected to show
14 August 2007, the effective date of the policy.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X ___ ___X____ ___X ___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all State Army National Guard records and all Department of the Army records of the individual concerned be corrected by showing he was promoted to CW2 and granted Federal recognition as a CW2 effective 14 August 2007 and paying him any and all back pay, providing he met all other requirements for promotion.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting his CW2 date of rank to19 October 2006.
__________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) AR20110025106
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ABCMR Record of Proceedings (cont) AR20110025106
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