BOARD DATE:	  8 August 2013

		DOCKET NUMBER:  AR20130000436 


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 promotion eligibility date (PED) to chief warrant officer two (CW2) in the California Army National Guard (CAARNG) from 26 January 2012 to 6 November 2010. 

2.  The applicant states:

* he completed the Warrant Officer Basic Course (WOBC) on 5 November 2010 but his Federal recognition order shows an effective date of 23 January 2012 
* he met the eligibility requirements for promotion to CW2 in the CAARNG upon completion of WOBC
* National Guard Bureau (NGB) Policy Memorandum Number 07-026, dated 14 August 2007, subject:  Policy to Appoint Sergeant First Class (SFC) to CW2, authorizes such promotion

3.  The applicant provides:

* NGB Policy Memorandum Number 07-026, dated 14 August 2007
* Promotion to CW2 memorandum
* DA Form 1059 (Service School Academic Evaluation Report)
* Orders 154-1048, promotion to SFC

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he was born on XX April 1966. 
2.  The applicant served in the ARNG in an enlisted status and he held military occupational specialty (MOS) 35L (Counter-intelligence Analyst).  He was promoted to SFC/E-7 on 30 May 2008.  

3.  He entered active duty on 11 July 2010 and he successfully completed Warrant Officer Candidate School (WOCS).  He was honorably separated on 16 August 2010 to accept appointment as a warrant officer.  

4.  The Federal Recognition Board (FRB) which would have been held by the CAARNG to determine if the applicant was qualified to be awarded Federal recognition for appointment as a warrant officer (WO) is not available for review.  However, on 17 August 2010, he executed a DA Form 71 (Oath of Office – Military Personnel) as well as an NGB Form 337 (Oaths of Office) for appointment as a WO in the CAARNG.

5.  He entered active duty on 19 August 2010 and completed the Military Intelligence Warrant Officer Basic Course from 20 August 2010 to 5 November 2010.  He was honorably released from active duty on 5 November 2010. 

6.  On 3 January 2011, the NGB published SO Number 1 AR extending him Federal recognition for initial appointment, effective 17 August 2010.  

7.  On 11 August 2011, the CAARNG published Orders 223-1025 awarding him MOS 351L (Counter-intelligence Technician), effective 5 November 2010. 

8.  On 16 August 2011, the NGB published Special Orders (SO) Number 187 AR extending him Federal recognition for MOS 351L effective 5 November 2010. 

9.  The State orders that promoted him to CW2 are not available for review with this case.  However, on 26 January 2012, NGB published SO Number 23 AR extending him Federal recognition for promotion to CW2 with an effective date and date of rank as 24 January 2012. 

10.  National Guard Regulation (NGR) 600-101 (Warrant Officers - Federal recognition and Related Personnel Actions) prescribes policies and procedures for ARNG WO personnel management.  Chapter 7 states that promotion of WO's in the ARNG is a function of the State.  As in original appointments, a WO promoted by State authority has a State status in the higher grade under which to function.  However, to be extended Federal recognition in the higher grade, the officer must satisfy the requirements for this promotion.  Promotions will be based on the Department of the Army (DA) MOS proponent certification via satisfactory completion of appropriate level of military education, time in grade, demonstrated technical and tactical competence, and potential for service in the next higher grade as determined by a Federal Recognition Board.  A WO must complete the minimum years of promotion service as shown in table 7-1 (2 years in the lower grade for promotion to CW2) and the educational requirements of table 7-2 (completion of WOBC) of NGR regulation 600-101 to attain eligibility for promotion and receive Federal recognition in the higher grade.  Additionally, a WO must be medically fit and meet the height and weight standards, as well as pass the fitness test.

11.  NGB Policy Memorandum Number  07-026 provides that States are authorized to appoint Soldiers in the rank/grade of SFC/E-7 to the rank/grade of CW2/W-2 effective 14 August 2007.  An SFC who has served a minimum of 2 consecutive years as an SFC may be appointed to CW2 in one of two ways:

	a.  An SFC who is certified by the DA 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 WOCS.  Constructive credit for WOCS may be granted if the Soldier has satisfactorily completed an 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.

12.  NGR 600-101 states in chapter 7 that WO must be recommended for promotion by their immediate commander. 

DISCUSSION AND CONCLUSIONS:

1.  Although his State appointment order and FRB proceedings are not available for review with this case, the applicant executed an NGB Form 337 for appointment in the CAARNG on 17 August 2010.  At that time, his complete Federal recognition packet and allied documents should have been forwarded to The Adjutant General of the State of California for endorsement to the NGB for extension of permanent Federal recognition. 

2.  For unknown reasons the above action either did not happen or was delayed. The applicant was not extended Federal recognition for his initial appointment until 3 January 2011, albeit effective 17 August 2010.  Likewise, although he completed WOBC on 5 November 2010, for unknown reasons, the State did not publish orders awarding him MOS 351L until 11 August 2011 and the NGB extended him Federal recognition shortly thereafter on 16 August 2011.  

3.  Furthermore, there is insufficient evidence to show the applicant's commander recommended him for promotion.  Eligibility for promotion does not mean automatic promotion to the next highest grade.  NGR 600-101, paragraph 7-2, states, in part, "Promotions will be based on:  DA MOS proponent certification (satisfactory completion or constructive credit of appropriate level of military education); time in grade; demonstrated technical and tactical competence; and potential for service in the next higher grade as determined by a Federal Recognition Board.  Promotion will not be used solely as a reward for past performance."  

4.  It is unclear why the State did not promote him upon completion of WOBC as his records do not contain State promotion orders.  Nevertheless, it appears the NGB ultimately published a Federal recognition order recognizing his promotion to CW2 effective 24 January 2012 which is within 90 to 120 days of having him certified in the MOS by his state.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X___  ___X_____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are
insufficient as a basis for correction of the records of the individual concerned.



      _______ _   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)                                         AR20130000436





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ABCMR Record of Proceedings (cont)                                         AR20130000436



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