IN THE CASE OF:
BOARD DATE: 24 May 2012
DOCKET NUMBER: AR20120006768
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 his date of rank (DOR) for promotion to the rank of chief warrant officer two (CW2) be changed from 15 December 2011 to 12 November 2010.
2. The applicant states, in effect, that his DOR for promotion to CW2 should be adjusted from 15 December 2011 to 12 November 2010 because he was unable to complete the warrant officer basic course (WOBC) sooner through no fault of his own. He goes on to state that he was disenrolled from the course in order to accommodate deploying Soldiers who had priority and was again disenrolled due to an over enrollment of students. Additionally, the course was moved and he encountered many difficulties in his attempts to gain a seat in the course.
3. The applicant provides a copy of his Federal Recognition orders, two memorandums requesting a waiver of the education requirements for promotion dated 10 November 2010 and a memorandum from the Virginia Army National Guard (VAARNG) recommending approval on 28 January 2011, a time table of events, verification of security clearance, a copy of his diploma, a Medical Protection System printout, a copy of his Army Physical Fitness Test Scorecard and Body Fat Worksheet and a page from a Unit Manning Report.
CONSIDERATION OF EVIDENCE:
1. The applicant was serving in the pay grade of E-6 in the VAARNG when he was honorably discharged from the National Guard and the United States Army Reserve (USAR) on 12 November 2008 to accept an appointment as a warrant officer. On 13 November 2008 he was appointed as a warrant officer one (WO1) in the VAARNG. His appointment orders specified that he must completed the WOBC within 24 months of his appointment.
2. On 17 May 2010 the National Guard Bureau (NGB) approved the applicants request for an extension of time to allow him to complete the WOBC. The approval specified that he would not be eligible for promotion until he completed the WOBC. The specifics or basis for his request are not present in the available record.
3. The applicant was issued his Notification of Eligibility for Retired Pay at Age 60 (20-year letter) on 3 June 2010.
4. The applicant completed the WOBC at Fort Gordon, Georgia on 29 July 2011 and was promoted to the rank of CW2 on 25 August 2011; however, Federal Recognition was not granted until 15 December 2011.
5. A review of his official records failed to show any evidence that he was granted an education waiver by the NGB.
6. Army Regulation 135-155 serves as the authority for the promotion of USAR and Army National Guard (ARNG) officers and warrant officers. It provides, in pertinent part, that in order to be eligible for selection, warrant officers serving in the rank of WO1 must have completed the warrant officer basic course for promotion to the rank of CW2. Additionally, the maximum time in grade for promotion to CW2 is 2 years.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DOR should be changed from 15 December 2011 to 12 November 2010 has been noted and found to lack merit.
2. While he would have been promoted to the rank of CW2 on 12 November 2010 if he had completed the WOBC prior to that date, he did not complete the course until 29 July 2011 and he has failed to provide sufficient evidence to show that he was unable to complete the course sooner.
3. It is also noted that the May 2010 approval of the applicants request for an extension does not contain the reasons the applicant cited for requesting and extension and the applicant did not provide a copy of that original request. Therefore, it must be presumed that the NGB accepted his reasons at the time for an extension rather than to grant him an exception to policy to allow him to be promoted prior to completing the course.
4. In any event, the applicant was aware of the requirement to complete the WOBC from the date he accepted his appointment and it was his responsibility to obtain a seat in the course. Therefore, lacking sufficient evidence to show that he was unjustly denied the opportunity, there appears to be no basis to grant his 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) AR20120006768
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