IN THE CASE OF:	  

		BOARD DATE:	  10 July 2012

		DOCKET NUMBER:  AR20120008606 


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 original appointment as warrant officer one (WO1) to be restored to 31 July 2008
* the State adjust his date of rank (DOR) to align with his appointment date 

2.  The applicant states:

* for unknown reasons, his initial appointment was not processed for Federal recognition by the National Guard Bureau (NGB)
* as a result, he had to be Federally recognized again by the State and appointed as a WO1 on 22 December 2010, with subsequent recognition by the NGB
* he has been an active member of the Indiana Army National Guard (INARNG) since 31 July 2008 to the present

3.  The applicant provides:

* ARNG Retirement Points History Statement
* National Guard Bureau (NGB) Form 62E (Application for Federal Recognition as an ARNG Officer or Warrant Officer and Appointment as a Reserve Commissioned Officer or Warrant Officer of the Army in the ARNG of the United States)
* NGB Form 337 (Oaths of Office), dated 31 July 2008
* 2 NGB Forms 89 (Proceedings of a Federal Recognition Examining Board), dated 31 July 2008 and 27 August 2010
* Orders Number 217-1036, Joint Forces Headquarters Indiana, Indianapolis, IN, dated 4 August 2008
* DA Form 1059 (Service School Academic Evaluation Report), dated 23 July 2009
* Orders Number 246-1047, Joint Forces Headquarters Indiana, Indianapolis, IN, dated 3 September 2010
* Orders Number 250-999, Joint Forces Headquarters Indiana, Indianapolis, IN, dated 7 September 2010
* Promotion Checklist
* Special Orders Number 11 AR, Department of the Army and the Air Force, NGB, Washington, DC, dated 20 January 2011
* memorandum, 38th Aviation Brigade, 38th Infantry Division, Shelbyville, IN, dated 8 August 2010
* Personnel Qualification Record 

CONSIDERATION OF EVIDENCE:

1.  On 31 July 2008, the applicant was appointed as a WO1 in the INARNG.  He executed an oath of office on 31 July 2008.

2.  Orders Number 217-1036, dated 4 August 2008, show he was granted temporary Federal recognition.

3.  A DA Form 1059, dated 23 July 2009, shows that he successfully completed the Mobility Officer WO Basic Course on 23 July 2009.

4.  Orders Number 250-999, dated 7 September 2010, show the applicant was promoted to chief warrant officer two (CW2) effective 27 August 2010.

5.  Special Orders Number 11 AR, dated 29 January 2011, show he was granted permanent Federal recognition for his initial appointment effective 22 December 2010.

6.  In the processing of this case, an advisory opinion was obtained from the Personnel Policy Division, NGB on 21 March 2011.  After careful review, the advisory official recommended approval and stated the Soldier's effective date for appointment to WO1 should be changed to read 31 July 2008 and he should be eligible for promotion to CW2 effective 31 July 2010.  Additionally, the State concurs with this recommendation.

7.  On 8 May 2012, the advisory opinion was furnished to the applicant for his review and possible rebuttal.  The applicant did not respond within the given time frame.

8.  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, NGB, 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.

	b.  Chapter 7 addresses promotions and states 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for his initial appointment date to be changed to       31 July 2008 and adjustment of  his DOR to align with his appointment date was carefully considered and determined to have merit.

2.  The applicant executed an oath of office on 31 July 2008 and Orders Number 217-1036 appointed him to WO1 effective 31 July 2008.  However, an administrative error caused a delay in granting him permanent Federal recognition.

3.  Clearly the applicant's effective date of permanent Federal recognition should have been effective 31 July 2008.  Therefore, his Federal recognition order should be amended to show 31 July 2008 as his initial appointment date.

4.  Based on the change of his initial appointment date to 31 July 2008, the applicant was qualified for promotion to CW2 effective 31 July 2010.  Therefore, Orders Number 250-999, dated 7 September 2010, should be amended to show his effective date for promotion to CW2 as 31 July 2010.

5.  Additionally, he is entitled to all back pay and allowances due as a result of these corrections.

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 State Army National Guard and Department of the Army records of the individual concerned be corrected by:

   a.  Amending Special Orders Number 11 AR, NGB, Washington, DC, dated 20 January 2011, to show his initial Federal recognition effective date and date of rank as 31 July 2008.
   
   b.	Amending Orders Number 250-999, Joint Forces Headquarters Indiana, Indianapolis, IN, to show his date of promotion to CW2 effective 31 July 2010, if otherwise qualified, and showing he was granted Federal recognition for this promotion effective 31 July 2010.


	c.  Paying him any back pay and all 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)                                         AR20120008606



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ABCMR Record of Proceedings (cont)                                         AR20120008606



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