BOARD DATE:	  13 November 2012

		DOCKET NUMBER:  AR20120007270 


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 records be corrected to show he received permanent Federal recognition for an initial appointment as a warrant officer one (WO1) in the Alaska Army National Guard National (AKARNG) on 5 September 2008.
 
2.  The applicant states:

	a.  He attended and graduated from the Warrant Officer Candidate School (WOCS) on 4 September 2008.  Upon graduation from WOCS on 5 September 2008, he faxed his oath of office and DD Form 214 (Certificate of Release or Discharge from Active Duty) to the AKARNG G-1 office and followed up by a telephone call to verify receipt of these documents.  The G-1 confirmed receipt of the documentation.  He also hand carried his documentation to his battalion S-1.

	b.  He deployed to Kosovo in March 2009 and returned to the United States in November 2009.  During this time he awaited his initial Federal recognition documents from the National Guard Bureau (NGB).  Upon his return from deployment, he inquired about his initial Federal recognition from the battalion 
S-1 and he was assured it was being processed through the State and NGB.

	c.  In 2010, the battalion S-1 changed assignments and he again inquired from the new battalion S-1 as to the status of his initial Federal recognition.  She indicated she would research the status.  They completed and submitted his promotion packet for chief warrant two (CW2) in October 2010.  At that time he was informed his promotion packet could not be processed because the G-1 had no record of initial Federal recognition orders.

	d.  His initial appointment as a warrant officer candidate was completed at the State level.  Upon graduation from the WOCS, his Federal recognition packet was not properly forwarded to NGB to complete the process.  Due to no fault of his own, this error resulted in him not having initial appointment orders from the NGB, which has grossly delayed his promotion to CW2.

	e.  NGB has since published his initial Federal recognition orders to WO1 on 3 January 2011, but the Federal recognition orders were not backdated to the appropriate date (5 September 2008).

3.  The applicant provides:

* State orders, dated 2 September 2008
* NGB Form 89 (Proceedings of a Federal Recognition Examining Board)
* Oaths of Office
* NGB orders, dated 23 February 2012 and 3 January 2012
* DD Form 214

CONSIDERATION OF EVIDENCE:

1.  Having prior active service in the Regular Army, the applicant enlisted in the AKARNG on 27 July 2000.  He was appointed as a warrant officer candidate on 19 June 2008.

2.  On 19 June 2008, a Federal Recognition Board determined he was qualified to be awarded Federal recognition as a WO1.

3.  He completed WOCS on 4 September 2008 and he was honorably discharged from the AKARNG on 4 September 2008.

4.  He was appointed as a WO1 in the AKARNG on 5 September 2008.

5.  He executed his oaths of office with the AKARNG in the rank of WO1 effective 5 September 2008.

6.  There is no evidence that the applicant received permanent Federal recognition as a WO1 from NGB within the 6-month period required by ARNG regulation.  As a result, his temporary Federal recognition expired.

7.  NGB Special Orders Number 4 AR, dated 3 January 2012, awarded the applicant permanent Federal recognition for initial appointment in the grade of WO1 effective 5 March 2011.

8.  National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions) states:

	a.  The effective date of Federal recognition for original appointment is that date on which the commissioned officer executes the oaths of office in the State.

	b.  Temporary Federal recognition upon initial appointment establishes the authorized grade to be used by all officers in their Federally-recognized status.

	c.  Temporary Federal recognition may be extended to an officer who has been found to be qualified by a Federal Recognition Board 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 may be withdrawn when necessary at any time.  Unless sooner withdrawn or official orders issued granting permanent Federal recognition, temporary Federal recognition will automatically terminate 6 months after the effective date of State appointment.  However, should the initial period of temporary Federal recognition expire due to administrative processing delays through no fault of the member, a subsequent Federal Recognition Board must be convened to consider granting 6 months of temporary Federal recognition.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant was granted temporary Federal recognition effective 5 September 2008 upon his initial appointment in the AKARNG as a WO1.  At that time, his Federal recognition packet and allied documents should have been forwarded to The Adjutant General of the State of Alaska for endorsement to the NGB for extension of permanent Federal recognition.  Through no fault of the applicant, this action was not taken.

2.  Subsequently, NGB issued orders extending Federal recognition for initial appointment in the grade of WO1 effective 5 March 2011.

3.  From the foregoing, it is clear that an administrative error denied the applicant Federal recognition effective 5 September 2008.

4.  Based on the applicable law and regulation, the applicant is entitled to have NGB Special Orders Number 4 AR, dated 3 January 2012, amended to show the effective date of permanent Federal recognition in the grade of WO1 as 5 September 2008.

BOARD VOTE:

__x______  __x______  __x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that the State ARNG records and Department of the Army records of the individual concerned be corrected by:

	a.  amending NGB Special Orders Number 4, dated 3 January 2011, to show he was extended Federal recognition in the grade of WO1 effective 5 September 2008 and

	b.  paying to him any and all back pay and allowances due as a result of these corrections.



      _________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)                                         AR20120007270



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ABCMR Record of Proceedings (cont)                                         AR20120007270



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