IN THE CASE OF:	  

		BOARD DATE:	  22 August 2013

		DOCKET NUMBER:  AR20130002088 


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, adjustment of his Federal recognition order for promotion to chief warrant officer two (CW2) from 28 December 2012 to         3 August 2012.

2.  The applicant states that he was appointed to the rank of warrant officer one (WO1) on 3 August 2010.  After returning from flight school to his unit he submitted his promotion packet to his unit training officer around March or April 2012; however, his application for Federal Recognition was delayed through no fault of his own until 28 December 2012.  

3.  The applicant provides copies of his oath of office, appointment orders,        DD Forms 214 (Certificate of Release or Discharge from Active Duty), Service School Academic Report, promotions orders, and Federal Recognition orders. 

CONSIDERATION OF EVIDENCE:

1.  The applicant was serving in the rank of sergeant in the South Carolina Army National Guard (SCARNG) when he was appointed to the rank of WO1 on          3 August 2010.  He was ordered to active duty and attended and completed his training during the period 20100803 – 20120308.

2.  On 13 July 2012, Orders Number 195-843 issued by the State of South Carolina Military Department promoted the applicant to the rank of CW2 effective 3 August 2012.

3.  On 8 January 2013, Special Orders Number 6 AR issued by the National Guard Bureau (NGB) extended him Federal recognition for his promotion to CW2 effective 28 December 2012.  

4.  In the processing of this case a staff advisory opinion was obtained from the NGB which recommends approval of the applicant’s request to amend his Federal Recognition orders to reflect his promotion to CW2 effective 3 August 2012.  The advisory opinion was provided to the applicant for comment and to date no response has been received by the staff of the Board.
 
5.  Title 10, U.S. Code, section 12211 (Officers: ARNG of the United States) states when an officer of the ARNG to whom temporary Federal recognition has been extended is appointed as a Reserve for service as a member of the ARNG of the United States, his appointment shall bear the date of the temporary recognition and shall be considered to have been accepted and effective on that date.

6.  National Guard Regulation (NGR) 600-101 (Warrant Officers - Federal Recognition and Related Personnel Actions) prescribes policies and procedures for ARNG warrant officer personnel management.  Chapter 7 states that promotion of warrant officers in the ARNG is a function of the State.  As in original appointments, a warrant officer 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 proponent duty MOS certification via 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 an FRB.

7.  NGB Policy Memorandum 11-015, Subject: Federal Recognition of Warrant Officers in the ARNG, dated 14 June 2011 states that ARNG WOs are initially appointed and are also promoted by the State or Territory to which the officer is assigned.  The Chief, NGB, reviews and approves those actions.  Title 10, U.S. Code, sections 571b and 12241b introduce a requirement that all WO appointments and promotions to chief warrant officer grades in the ARNG be made by the President of the United States.  As a result, effective 7 January 2011, all initial appointments of WOs and promotion to higher grades, by warrant or commission, will be issued by the President.  Requests for appointment will be staffed through the Department of the Army (delegated to the Secretary of Defense), Deputy Chief of Staff, G-1.  This requirement may add 90 days or more to the process for approval for appointments or promotions to be completed.
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant's date of rank as a CW2 was determined by the SCARNG to be 3 August 2012.  He was considered by a Federal Recognition Board that found him fully satisfactory in his physical qualifications, moral character, and general qualifications.  The NGB issued him Federal recognition orders for promotion to CW2 effective 28 December 2012 despite his having met promotion qualification on 3 August 2012. 

2.  However, as a result of the 2011 National Defense Authorization Act (NDAA), the promotion of warrant officers is now issued by the President of the United States and is delegated to the Secretary of Defense.  Once the Secretary approves the scroll, the Board can approve a change to the DOR, but not the effective date of promotion.
 
3.  Accordingly, his DOR should be changed to reflect a DOR of 3 August 2012.  However, the change by the Board will not entitle the applicant to any additional pay and allowances.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_____X___  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing the applicant’s DOR to CW2 to 3 August 2012.







2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing the effective date of his promotion to CW2 from 28 December 2012 to 3 August 2012.  




      _______ _   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)                                         AR20130002088





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ABCMR Record of Proceedings (cont)                                         AR20130002088



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