BOARD DATE: 6 June 2013
DOCKET NUMBER: AR20120015914
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 records to show he was initially appointed in the U.S. Army Reserve (USAR) in the rank of chief warrant officer two (CW2) when he converted to the rank of warrant officer.
2. The applicant states:
* when he converted from captain (O-3) to the warrant officer ranks he was appointed as a warrant officer one (WO1) when he should have been appointed as a CW2
* while in the aviation branch, he completed all requirements to be awarded the rank of CW2
* after a records review he would have been appointed as a CW2
* his warrant officer packet was routed to the U.S. Army Recruiting Command (USAREC) rather than the Direct Appointment Board held at the U.S. Army Human Resources Command (AHRC)
3. The applicant provides:
* AHRC Memorandum, dated 8 August 2012
* DA Form 1059 (Service School Academic Evaluation Report), dated 4 September 2008
* U.S. Army Installation Management Command Orders 242-144, dated 29 August 2008
* Deputy Chief of Staff G-1 Memorandum, dated 4 February 2009
* DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 4 September 2008
* DD Form 214, dated 14 November 2011
* DA Form 71 (Oath of Office Military Personnel), dated 12 May 2006
* AHRC Orders B-05-103471, dated 11 May 2011
CONSIDERATION OF EVIDENCE:
1. With prior enlisted service in the USAR, the applicant accepted an appointment in the USAR, on 12 May 2006, in the rank of second lieutenant (O1). He was promoted to first lieutenant (O2) on 26 May 2008.
2. The applicant completed the Aviation Basic Officer Leaders Course on 4 September 2008. On 4 February 2009, he was awarded the area of consideration of 15A (Aviation General).
3. He was promoted to captain (O3) on 3 May 2011.
4. On 11 July 2012, the applicant was appointed in the USAR in the rank of WO1.
5. In a memorandum to the President, Army Review Boards Agency, dated
8 August 2012, the applicant's AHRC USAR Career Manager requested that the applicant be awarded the grade/rank of CW2 in the USAR. The memorandum states:
* the applicant applied for a direct appointment to warrant officer in February 2012
* due to an error at his unit, his packet was routed through the USAREC Warrant Officer Accession Board, rather than through the Direct Appointment Board and he was selected for appointment in the USAR in the rank of WO1
* the applicant completed the Officer Basic Leadership Course and "ASI-D7 (AH-64D Pilot)" training
* the applicant had been reviewed by the aviation proponent and was determined to have completed all the required training to be awarded warrant officer MOS 152H (Pilot)
* having completed his training and with his current time in service he was eligible for appointment as a CW2
6. Army Regulation 135-100 (Army National Guard and Army Reserve Appointment of Commissioned and Warrant Officers of the Army) establishes responsibility and provides procedures for the appointment of commissioned and warrant officers in the Reserve Components of the Army.
a. Paragraph 1-9b.(1) states effective 1 October 1992, all applicants for warrant officer appointment will be appointed to WO1 on successful completion of Warrant Officer Candidate School (WOCS) or WOCS-Reserve Component, in MOS code 001A and per the procedures in paragraph 2-7.1 except applications from commissioned and former commissioned officers for appoint as a warrant officer will be reviewed by the appropriate warrant officer MOS proponent for certification for the award of the MOS prior to final action by personnel command.
b. Paragraph 2-7.1.(d) states all appointments (to include current or former commissioned officers) to WO1, except appointments under paragraph 1-9b.(1) of this regulation will be contingent on technical and tactical certification by successful completion of the appropriate warrant officer basic course or certification by the MOS proponent as technically and tactically certified for award of an authorized warrant officer MOS.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. According to the AHRC USAR Career Manager, the applicant had met the education requirements for appointment as a CW2 at the time he accepted his appointment as a WO1. He had also been reviewed by the Aviation Proponent and he was determined to have completed all the required training to be awarded the warrant officer MOS of 152H.
3. Therefore, his records should be corrected to show CW2 as his rank at the time of his appointment on 11 July 2012.
4. In view of the foregoing, the applicant records should be corrected as recommended below.
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:
a. showing he executed his Oath of Office and accepted an appointment in the USAR, in the rank of CW2, on 11 July 2012; and
b. issuing him all back pay and allowance due as a result of the above 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.
ABCMR Record of Proceedings (cont) AR20120015914
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120015914
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100010463
BOARD DATE: 8 March 2011 DOCKET NUMBER: AR20100010463 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, correction of his records to show he was appointed in the grade of chief warrant officer two (CW2). b. Paragraph 3-28 states certain personnel qualifying for WO MOS's currently authorized in the appropriate regulation may apply for appointment under this section.
ARMY | BCMR | CY2011 | 20110022141
I notified the SM that he was scroll confirmed and that I needed his new DA 71, (DA Form 71 (Oath of Office)) with the correct rank to cut his orders," dated 8 August 2011; d. "SM emailed and I explained to him that his date of rank cannot be before he was scrolled to CW2," dated 10 August 2011; and e. "Corrected the rank on the last set of orders and sent out the correct copy with the correct rank. Paragraph 1-9b states effective 1 October 1992 all applicants for warrant WO appointment...
ARMY | BCMR | CY2012 | 20120000479
The applicant provides: * October 2001 USAR Honorable Discharge Certificate * 1994 Selection for Promotion memorandum * 1995 Eligibility for Promotion Memorandum and Endorsement * 2001 Non-Selection Notification of Promotion * 2010 DA Form 71 (Oath of Office Military Personnel) * National Guard Bureau (NGB) Special Orders Number 189 AR * Orders 224-1126, issued by the TXARNG, dated 12 August 2010 CONSIDERATION OF EVIDENCE: 1. b. Paragraph 7-4 (Computation of promotion service to determine...
ARMY | BCMR | CY2014 | 20140018149
The applicant requests her date of rank (DOR) for promotion to chief warrant officer two (CW2) in the Georgia Army National Guard (GAARNG) be amended to the date she completed the Warrant Officer (WO) Basic Course (WOBC). National Guard Regulation (NGR) 600-101 (WO Federal Recognition and Related Personnel Actions), paragraph 2-10c (in effect at the time) essentially states a Soldier in the rank of MSG may be promoted to CW2 in one of two ways, after first having served in the rank for 2...
ARMY | BCMR | CY2013 | 20130006623
c. Paragraph 9-15b(6) states in the case of an applicant being found qualified for Federal recognition as a CW2 in accordance with paragraph 2-10c(2), except for the successful completion of WOCS and Department of the Army MOS certification (i.e., completion of WOBC), the following statement will be entered on the NGB Form 89: The applicant is qualified for appointment as a warrant officer in the Army National Guard and is extended temporary Federal recognition as a Warrant Officer, W1, as...
ARMY | BCMR | CY2013 | 20130019347
The applicant requests correction of his date of rank (DOR) to chief warrant officer two (CW2) in the New York Army National Guard (NYARNG) from 29 January 2013 to 20 August 2012. He further contends his DOR should be adjusted in accordance with (lAW) the NGB PPOM Number 13-006, dated 6 February 2013, which states in part, "Implement the 2013 National Defense Authorization Act (NDAA) for WO promotions to CW2 which removed the requirement for a Federal Recognition Board (FRB) for promotion...
ARMY | BCMR | CY2008 | 20080005458
In the case of an applicant being found qualified for Federal recognition as a CW2, in accordance with paragraph 2-10c(2) of this regulation, except for the successful completion of WOCS and Department of the Army certification, the following statement will be entered on the record of proceedings (NGB Form 89): "the applicant is qualified for appointment as a warrant officer in the Army National Guard and is extended temporary Federal recognition as a warrant officer WO1 as provided by NGR...
ARMY | BCMR | CY2008 | 20080007466
IN THE CASE OF: BOARD DATE: 11 September 2008 DOCKET NUMBER: AR20080007466 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his date of rank (DOR) to Chief Warrant Officer Two (CW2) be adjusted from 9 February 2006 to 24 July 2001. The opinion stated that the applicant had 4 years, 2 months, and 26 days of service as a WO1 when he was appointed in the KYARNG on 20 October 2005.
ARMY | BCMR | CY2012 | 20120010304
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. 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. Ohio ARNG memorandum, dated 29 May 2012, subject: Correction of ARNG Promotion Effective...
ARMY | BCMR | CY2011 | 20110013748
GAARNG Orders 278-033, dated 5 October 2007, show the applicant was promoted to the rank of CW2 with a DOR of 5 August 2005. An NGB memorandum, dated 26 December 2007, shows that the applicant was promoted as a Reserve Commissioned Warrant Officer of the Army in the rank of CW2 for service in the ARNG with an effective date and date of rank of 19 September 2007. Evidence of record clearly shows that GAARNG Orders 278-033, dated 5 October 2007, erroneous promoted her to CW2 with a DOR of 5...