BOARD DATE:	  5 February 2013

		DOCKET NUMBER:  AR20120010304 


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 date of rank (DOR) to chief warrant officer two (CW2) to show an effective date of 30 March 2011.

2.  The applicant states he completed the warrant officer basic course (WOBC) on 30 March 2011 and was eligible for advancement to CW2 on that date since he had more than 2 years of time in grade as a sergeant first class (SFC)/E-7 prior to his Federal recognition date.  He argues that his initial appointment was delayed because the State of Ohio J-1 failed to properly submit his Federal Recognition documentation to the National Guard Bureau (NGB) in a timely manner.

3.  The applicant provides:

* memoranda
* appointment orders
* promotion orders
* NGB Form 89 (Proceedings of a Federal Recognition Examining Board)
* NGB Forms 0122E (Special Orders for Federal Recognition)
* DA Form 1059 (Service School Academic Evaluation Report)

CONSIDERATION OF EVIDENCE:

1.  After having prior enlisted service in the Regular Army, the applicant enlisted in the Army National Guard (ARNG) on 28 November 1991.  He was promoted to SFC effective 14 September 2005.  He was laterally appointed to warrant officer candidate effective 3 December 2009 and he was appointed to warrant officer one (WO1) effective 25 September 2010.

2.  On 30 March 2011, the applicant completed the Electronic Missile Systems Warrant Officer Basic Course.

3.  Headquarters, 2nd Battalion, 174th Air Defense Artillery, Ohio ARNG, memorandum, dated 25 April 2011, subject:  Recommendation for Promotion of Warrant Officer, shows the applicant's commander recommended him for promotion to CW2.  This document also shows the commander mentioned the applicant was an SFC with more than 2 years of time in grade prior to appointment as a warrant officer and met all of the prerequisites for promotion.

4.  Ohio ARNG Orders 119-918, dated 29 April 2011, show the applicant was promoted to CW2 effective 30 March 2011.  These orders also state the effective date of promotion in the Reserve of the Army and corresponding date of rank will be the date the Chief, NGB, extends Federal recognition of the State promotion.

5.  NGB Special Orders Number 99 AR, dated 2 May 2011, show the applicant was granted Federal recognition for appointment as an Electronic Missile Systems Technician in the rank of WO1 effective 30 March 2011.

6.  NGB memorandum, dated 24 May 2012, subject:  Promotion as a Reserve Commissioned Warrant Officer of the Army, shows the applicant was promoted to CW2 effective 16 May 2012.

7.  NGB Special Orders Number 191 AR, dated 24 May 2011, show the applicant was granted Federal recognition for promotion to the rank of CW2 effective 16 May 2012.

8.  Ohio ARNG memorandum, dated 29 May 2012, subject:  Correction of ARNG Promotion Effective Date for (Applicant), shows a personnel branch officer for the Ohio ARNG certified the applicant's promotion packet was delayed in submission to NGB for publication of permanent Federal recognition as required by National Guard Regulation 600-101 (Warrant Officers – Federal Recognition and Related Personnel Actions).  The personnel branch officer acknowledged the applicant's promotion packet was promptly submitted to the State Personnel Branch Office; however, it was discovered that his request for initial appointment to WO1 effective 25 September 2010 was never submitted, thereby causing an overall delay to his promotion.  His promotion was subjected to numerous delays involving 11 uploads of documentation with the final upload occurring in March 2012.  She stated that their office assumes full responsibility for the 1-year delay in processing and requested the applicant be granted relief.  In closing, she stated that their office experienced a lot of turnover during the time of his promotion packet processing and this caused an unnecessary delay of his promotion.

9.  NGB memorandum, dated 14 August 2007, subject:  Policy to Appoint SFC to CW2 (NGB-ARH Policy Memorandum Number 07-026), provides that States are authorized to appoint SFC's who have served a minimum of 2 consecutive years as an SFC in one of two ways:

	a.  An SFC who is certified by the Department of the Army military occupational specialty (MOS) proponent prior to the date of initial appointment (attendance of WOBC not required) may be appointed in the grade of CW2 upon completion of the Warrant Officer Candidate School (WOCS).  Constructive credit for WOCS may be granted if the Soldier satisfactorily completed an Officer Candidate School (OCS) within the previous 5 years.

	b.  An SFC who is eligible for MOS training may be promoted to CW2 after completion of WOCS and WOBC.  Constructive credit for WOCS may be granted if the Soldier satisfactorily completed an OCS within the previous 5 years.

	c.  This policy also applies to all Soldiers currently in the grade of WO1 who met the requirements prior to appointment.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant was promoted to SFC on 14 September 2005 and he held this rank continuously until his appointment to WO1 on 25 September 2010.  The evidence of record also shows he completed the Network Management Technician Warrant Officer Basic Course on 30 March 2011.  Based on the foregoing and in accordance with NGB-ARH Policy Memorandum Number 07-026, the applicant's promotion effective date to CW2 should be corrected to show 30 March 2011.

BOARD VOTE:

__x___  ___x_____  __x______  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 showing he was promoted to CW2 and was granted Federal recognition as a CW2 effective 30 March 2011, and by paying 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)                                         AR20120010304



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ABCMR Record of Proceedings (cont)                                         AR20120010304



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