BOARD DATE: 9 May 2013
DOCKET NUMBER: AR20120010293
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 adjustment of his date of rank (DOR) for chief warrant officer two (CW2) from 17 April 2012 to 1 September 2011 with appropriate back pay.
2. The applicant states:
* he requests his DOR be backdated to 1 September 2011
* his DOR for warrant officer one (WO1) was 1 September 2009
* a promotion from WO1 to CW2 is time based and is automatically given after 2 years
* due to errors in recordkeeping by the Maryland Army National Guard (MDARNG) he was promoted to CW2 on 17 April 2012
* his DOR for CW2 is 17 April 2012, but it should be 1 September 2011
* all the required paperwork was submitted by him on time to the MDARNG for this promotion
* the MDARNG failed to submit the paperwork for Federal recognition of his appointment to WO1
* this error was not discovered until he was to be promoted to CW2
* the error had to be rectified before he was able to be promoted to CW2
3. The applicant provides:
* Orders 239-021, issued by Headquarters, MDARNG, dated 27 August 2009
* Memorandum issued by the U.S. Army Human Resources Command, (HRC), Fort Knox, KY, subject: Appointment as a Reserve Warrant Officer of the Army under Title 10, U.S. Code, section 12201 and 12241
* Memorandum issued by the National Guard Bureau (NGB), Arlington, VA, subject: Promotion as a Reserve Commissioned Warrant Officer of the Army, dated 20 April 2012
* DA Form 71 (Oath of Office Military Personnel), dated 1 September 2009
* DA Form 1059 (Service School Academic Evaluation Report), dated
31 January 2011
CONSIDERATION OF EVIDENCE:
1. Having prior enlisted service in the ARNG, the applicant was appointed as a WO1 in the MDARNG on 1 September 2009.
2. His DA Form 1059 indicates he completed the Warrant Officer Basic Course (WOBC) on 10 February 2011.
3. NGB Special Orders Number 4 AR, dated 3 January 2012, extended him permanent Federal recognition for the purpose of initial appointment in the grade of WO1 effective 1 September 2009.
4. An NGB memorandum, dated 20 April 2012, promoted him to CW2 effective 17 April 2012.
5. NGB Special Orders Number 134 AR, dated 20 April 2012, extended him Federal recognition for the purpose of promotion to CW2, effective 17 April 2012.
6. In the processing of this case, on 25 February 2013, a staff advisory opinion was obtained from the Chief, Personnel Policy Division, NGB. The advisory official recommends approval of the applicant's request and points out:
a. Federal recognition was not granted for the applicant's initial appointment to WO1; therefore, this issue had to be corrected before he could be promoted to CW2. This administrative error was not realized by the MDARNG until the applicant was considered for promotion to CW2 in July 2011. As a result of the error, the applicant's promotion to CW2 was delayed.
b. the initial Federal recognition was corrected on 3 January 2012 with an effective date of 1 September 2009.
c. per National Guard Regulation 600-101 (Warrant Officer - Federal Recognition and Related Personnel Actions), table 7-1, the applicant was eligible for promotion to CW2 after having served 2 years time in grade as a WO1. He should have been eligible for promotion effective 1 September 2011.
d. since the administrative errors were of no fault of the applicant, it is recommended that he receive full administrative relief in this matter and be promoted to the rank of CW2 with an effective date of 1 September 2011.
e. the MDARNG concurs with this recommendation.
7. On 28 February 2013, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. He did not respond.
8. National Guard Regulation 600-101 (Warrant Officers - Federal Recognition and Related Personnel Actions) states in:
a. Table 7-1 (Minimum Time in Grade for Promotion), the minimum time in grade as a WO1 for promotion to CW2 is 2 years.
b. Table 7-2 (Minimum Military Educational Requirements for Promotion and Time in Current Grade Required for Course Enrollment), the requirement to complete the WOBC or equivalent certification within 2 years from date of initial appointment as WO1 for promotion to CW2.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests adjustment of his DOR for CW2 to 1 September 2011.
2. Evidence shows he was appointed as a WO1 in the ARNG on 1 September 2009. He completed the WOBC and he also met the time-in-grade requirement (24 months) on 1 September 2011.
3. The advisory opinion points out delays occurred in his promotion process because Federal recognition was not granted for his initial appointment to WO1 and this issue had to be corrected before he could be promoted to CW2. His initial Federal recognition was corrected on 3 January 2012 with an effective date of 1 September 2009.
4. Since the administrative errors were not the applicant's fault, it would be equitable to correct his records to show his effective date and DOR for promotion to CW2 as 1 September 2011. It would also be equitable to show he was granted Federal recognition for promotion to CW2, effective 1 September 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 the state Army National Guard records and the Department of the Army records of the individual concerned be corrected by:
a. amending Special Orders Number 134 AR, dated 20 April 2012, to show he was granted Federal recognition effective 1 September 2011 for the purpose of promotion to CW2, and
b. paying him paid all back pay and allowances due as a result of this correction.
__________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.
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