IN THE CASE OF:	  

		BOARD DATE:	  13 August 2013

		DOCKET NUMBER:  AR20120009571 


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 date of rank (DOR) to Chief Warrant Officer Two (CW2) be adjusted to 5 April 2011.

2.  He states:

	a.  his promotion from Warrant Officer One (WO1) to CW2 was delayed 15 months due to multiple administrative errors.  These errors resulted in a $5,000 loss in pay, nearly one year delay in an interstate transfer, a loss in flight time, and a delay in the future eligibility to promotion to Chief Warrant Officer Three (CW3) and associated pay.

	b.  his promotion packet was initially delayed in processing by his command.

	c.  he was eligible for promotion on 4 February 2011, but it wasn't submitted by his command until 5 April 2011 because of missing documentation.  Once his complete promotion packet was received, it was approved by a State Federal Recognition Board the same day on 5 April 2011.

	d.  his promotion packet was subject to numerous delays involving 12 different uploads of documentation to a government website.  For instance, he had a valid physical for his April 2011 effective date of promotion, but an outdated physical was submitted.

3.  He provides two memoranda and promotion orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the Army National Guard (ARNG) in the rank of CW2.

2.  On 3 February 2009, he was released from active duty with the ARNG in the rank of sergeant for the purpose of accepting a commission or warrant in the Army.   

3.  He accepted an appointment as a warrant officer in the OHARNG on 4 February 2009, and he executed an Oaths of Office as a WO1 in the OHARNG and was granted temporary Federal Recognition.

4.  He was ordered to active duty for training (ADT) on 4 February 2009, was released from ADT on 8 July 2010, and awarded military occupational specialty (MOS) 153D (UH-60 Pilot).  

5.  In a memorandum, dated 10 January 2011, the commanding officer (CO), Company A, 1st Battalion, 137th Assault Helicopter Battalion, OHARNG recommended the applicant be promoted in the ARNG.  The CO stated the applicant:  

   a.  had demonstrated the required fitness for the responsibilities and duties of the position, grade, and branch for which recommended;
   
   b.  had completed the period of creditable service for promotion from 4 February 2009 to that present time;
   
   c.  met the minimum military and civilian education requirements;
   
   d.  met the height and weight standards and passed the Army Physical Fitness Test on 22 June 2010;
   
   e.  completed all of his past due Officer Evaluation Reports.

6.  Orders 097-942, dated 7 April 2011, published by the State of Ohio, Adjutant General's Department, promoted him to CW2/W-2, effective 5 April 2011.  The orders stated the effective date of promotion in the Reserve of the Army and corresponding DOR would be the date the Chief, National Guard Bureau (NGB), extend and Federal Recognition of his state promotion.

7.  In a memorandum, dated 21 March 2012, the Personnel Branch Officer, Adjutant General's Department, certified the applicant's promotion packet was delayed in submission to the NGB for publication of permanent Federal Recognition as required by National Guard Regulation (NGR) 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions).  The Personnel Branch Officer reiterated the applicant's statements cited in his application.  The Personnel Branch Officer requested the applicant be granted partial relief of promotion backdated to 5 April 2011 or full relief to his original eligibility date of 4 February 2011.  

8.  NGB Special Orders Number 154 AR, dated 1 May 2012, granted him Federal Recognition for promotion to CW2, effective 25 April 2012.

9.  NGB Special Orders Number 170 AR, dated 11 May 2012, changed his State from Ohio to Alabama, effective 3 May 2012.  

10.  In the processing of this case, an advisory opinion was obtained from the Chief, Personnel Policy Division, NGB who recommended partial relief of the applicant's request for adjustment of his DOR from 25 April 2012 to 4 February 2011.  The advisory official stated:

	a.  the applicant was eligible for promotion to CW2 on 4 February 2011, he was approved for promotion by a State Federal Recognition Board, and his orders for CW2 were published effective 5 April 2011.  Unfortunately, his unit of assignment did not submit a complete promotion packet to Joint Force Headquarters (JFHQ) - Ohio in a timely manner.

	b.  the Officer Management Branch of the OHARNG admitted to multiple administrative errors in processing the promotion packet, none of which were the fault or under the control of the Soldier.  The OHARNG requested that the applicant be granted either partial relief with a promotion effective date of 5 April 2011 or full relief with a promotion effective date of 4 February 2011.

	c.  Personnel Policy Operational Message Number 11-015, dated 14 June 2011, paragraph 2(b), states in part, "…introduce a requirement that all warrant officer appointments and promotions to chief warrant officer grades in the Army National Guard of the United States (ARNGUS) be made by the POTUS (President of the U.S.)"  Paragraph 5(a) of the same memorandum states in part, "…effective 7 January 2011, all initial appointments of warrant officers and appointments in a higher grade (promotion), by warrant or commission, will be issued by the POTUS.  Request for appointments will be staffed through the Department of the Army, Assistant Chief of Staff, G-1.  This requirement may add 90 days or more to the process of approval for appointment as a Reserve Warrant Officer of the Army to be completed."

	d.  due to the policy change for promotion of warrant officers, consideration to amend Federal Recognition Order Number AR 154, dated 1 May 2012, to show the effective DOR of 5 July 2011 should be given, including any related pay and benefits related to the correction.  

11.  A copy of the advisory opinion was forwarded to the applicant to allow him to provide comments.  He stated:  

	a.  he became eligible for promotion from WO1 to CW2 on 4 February 2011.  He submitted his promotion packet to his Readiness officer in December 2010 for submittal to JFHQ for State promotion by 4 February 2011.  He wasn’t promoted by JFHQ until 5 April 2011 due to multiple errors and the retirement of his Readiness officer in January [2011].

	b.  he discovered in September 2011 that his promotion packet was not submitted to the NGB for Federal Recognition.  After several follow-ups with the OHJFHQ, he involved the Inspector General (IG) in Ohio to audit the process to find out where the faults had occurred.  He wasn't privileged to the IG's findings nor was he able to ascertain any documentation of the investigation.

	c.  his promotion to CW2 was delayed 5 months, he will be less competitive for promotion with his peers, and he will have a loss of pay.

	d.  the NGB advisory opinion stated they offered a Federal Recognition date based on 90 days after his state promotion of 5 April 2011.  This date was the fault of his unit and no fault of his own.  

12.  NGR 600-100 (Commissioned Officers-Federal Recognition and Related Personnel Actions), paragraph 10-15b states that temporary Federal Recognition may be granted by a Federal Recognition Board to those eligible when the board finds that the member has successfully passed the examination prescribed herein, has subscribed to the oath of office, and has been appointed by a State order for assignment to a position vacancy in a federally recognized unit of the ARNG.  The Federal Recognition Board will forward the NGB Form 89 and allied documents to The Adjutant General.  When the member is favorably 

13.  NGR 600-101 provides procedures for processing all applications for Federal Recognition.  Paragraph 2-2 states that the appointment of warrant officers is a function of the state concerned.  These appointments may be federally recognized by the Chief, NGB under such regulations as the Secretary of the Army may prescribe and under the provisions of this regulation.  Officers who are federally recognized in a particular grade and branch shall be tendered an appointment in the same grade as Reserve warrant officers of the Army with assignment to the Army National Guard of the United States if they have not already accepted such appointment.  

DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant was granted temporary Federal Recognition effective 4 February 2009 upon his initial appointment in the OHARNG as a WO1.  

2.  Records show he was eligible for promotion to CW2 on 4 February 2011. State Orders were published on 7 April 2011 which promoted him to CW2, effective 5 April 2011.  However, the evidence of record shows his promotion packet for permanent Federal Recognition was not submitted to the NGB in a timely manner.  As a result, he was granted Federal Recognition for promotion to CW2 one year later on 25 April 2012.

3.  As a matter of equity, it would be appropriate to amend his DOR for promotion CW2 to 5 April 2011.  

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 Department of the Army records of the individual concerned be corrected by amending his DOR for promotion to CW2 to 5 April 2011.  



      _______ _   _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)                                         AR20120009571



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ABCMR Record of Proceedings (cont)                                         AR20120009571



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