IN THE CASE OF:	  

		BOARD DATE:	  25 April 2013

		DOCKET NUMBER:  AR20130003384 


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) for promotion o chief warrant officer two (CW2) in the Puerto Rico Army National Guard (PRARNG) from 17 October to 30 March 2012. 

2.  The applicant states the letter of recommendation [for promotion] and all other required documents were turned in on time with the letter signed on 8 March 2012. 

3.  The applicant provides:

* Orders 139-530 (State promotion)
* National Guard Bureau (NGB) Special Orders Number 369 AR
* NGB Form 89 (Processing of a Federal Recognition Examining Board)
* NGB Special Orders Number 200 AR

CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service in the ARNG, he was appointed as a Reserve warrant officer of the PRARNG and executed an oath of office on 
30 March 2010.  The NGB published Special Orders Number 178 AR on 
16 August 2010 extending him Federal recognition for this initial appointment. 

2.  He entered active duty on 30 March 2010 and attended the Initial Entry Rotary Wing (IERW) UH-60A (Black Hawk) training from 30 March 2010 to 8 September 2011.  He was honorably released from active duty on 8 September 2011. 
3.  On 17 May 2012, a Federal Recognition Board was held by the PRARNG to determine if the applicant was qualified to be awarded Federal recognition for promotion to CW2.  The proceedings indicated that the applicant was satisfactory in his physical qualifications, moral character, and general qualifications.

4.  On 18 May 2012, the PRARNG published Orders 139-530 promoting him to CW2 effective 17 May 2012.  

5.  The applicant attended and successfully completed the UH-72A (Light Utility Helicopter) Aviator Qualification Course from 25 June to 4 August 2012.

6.  On 21 October 2012, the PRARNG published Orders 295-519 awarding him MOS 153L (UH-72A Pilot). 

7.  On 19 October 2012, the NGB published Special Orders Number 369 AR extending him Federal recognition for promotion to CW2 with an effective date and DOR as 17 October 2012.  

8.  National Guard Regulation 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 WOs 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 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.

9.  A warrant officer must complete the minimum years of promotion service as shown in Table 7-1 (for promotion to CW2, two years in the lower grade) and the education requirements of Table 7-2 (completion of WOBC) of National Guard 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 APFT.

10.  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, in accordance with the 2011 National Defense Authorization Act (NDAA), effective 7 January 2011 all initial appointments of WOs and promotion to higher grades, by warrant or commission, will be issued by the President (delegated to the Secretary of Defense).  Requests for appointment will be staffed through the Department of the Army, 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 was appointed as a WO in the PRARNG on 30 March 2010.  He met the criteria for promotion to CW2 on 30 March 2012 in that he met the 2-year time in grade requirements and had completed the WOBC.  However, the FRB convened on 7 May 2012 and recommended him for promotion and the State (in this case, territory) published the promotion order with an effective date of 17 May 2012.  

2.  As a result of the 2011 NDAA, the promotion to CW2 is now issued by the President of the United States and is delegated to the Secretary of Defense.  

	a.  The delay in the applicant's promotion resulted from a statutory change in the procedures for the promotion of WOs that was mandated by the 2011 NDAA that WOs be placed on a scroll and staffed to the President (delegated to the Secretary of Defense) for approval.  The law took effect on 7 January 2011.  This requirement may add 90 to 120 days or more to the process for approval for appointments or promotions to be completed. 

	b.  The delay in question was not the result of an error or an injustice as much as it was the inherent consequence of elevating the appointment and promotion authority for WOs to such a high level.  While it is true the processing time has been materially reduced as the service learned how to streamline the new process, the fact remains that the delay is an organic feature of the new scheme mandated by Congress and not an error or an injustice specific to the applicant.

3.  In view of the foregoing evidence and the change in law, the applicant's effective date of promotion seems appropriate and reasonable and should not change.






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 that 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)                                         AR20130003384





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ABCMR Record of Proceedings (cont)                                         AR20130003384



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