IN THE CASE OF:
BOARD DATE: 18 February 2014
DOCKET NUMBER: AR20130007853
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 appointment to the rank of chief warrant officer two (CW2) from 13 March 2013 to 16 May 2011.
2. The applicant states, in effect, he was serving in pay grade E-7 with over 2 years of time in grade and should have been promoted early to the rank of CW2 upon completion of the Warrant Officer Basic Course on 16 May 2011. However, he was not promoted to the rank of CW2 until 13 March 2013, which was indicative of a normal promotion process.
3. The applicant provides the enclosures listed in his application.
CONSIDERATION OF EVIDENCE:
1. The applicant was serving in the Oklahoma Army National Guard (OKARNG) when he was promoted to pay grade E-7 on 20 May 2008.
2. On 10 October 2010, he was ordered to active duty for training (ADT) at Fort Rucker, Alabama, for a period of 1 year.
3. On 18 November 2010, he was appointed as a Reserve warrant officer one in the OKARNG.
4. On 16 May 2011, he completed the Aviation Warrant Officer Basic Course. He was released from ADT to the control of his OKARNG unit on 17 May 2011.
5. On 13 March 2013, he was promoted to the rank of CW2 and granted Federal recognition.
6. In the processing of this case, a staff advisory opinion was obtained from the National Guard Bureau (NGB) which recommends denial of his request. NGB states that while the applicant met the requirements for promotion to the rank of CW2, the OKARNG did not submit his promotion packet to NGB in a timely manner. The applicant was placed on a scroll that was signed by the Secretary of Defense on 14 March 2013. The advisory opinion was forwarded to the applicant for comment. He requested a 30-day extension to respond and no response has been received by the staff of the Board to date. The applicant is currently deployed to Afghanistan.
7. 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.
8. National Guard Regulation 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 military occupational specialty 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 a Federal Recognition Board.
9. NGB Policy Memorandum 11-015, dated 14 June 2011, subject: Federal Recognition of Warrant Officers in the ARNG, states that ARNG warrant officers 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 warrant officer 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 warrant officers 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 met the requirements for appointment/promotion as a CW2 on 18 May 2011. He was considered by a Federal Recognition Board that found him fully satisfactory in his physical qualifications, moral character, and general qualifications. NGB issued Federal recognition orders for promotion to CW2 effective 13 March 2013 despite his having met promotion qualification on 18 May 2011.
2. However, as a result of the 2011 National Defense Authorization Act, 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 18 May 2011. However, this DOR change by the Board will not entitle the applicant to any additional pay and allowances.
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 and Army National Guard records of the individual concerned be corrected by changing the applicant's DOR to CW2 to 18 May 2011.
_______ _ 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) AR20130007853
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