IN THE CASE OF:	  

		BOARD DATE:  26 September 2013

		DOCKET NUMBER:  AR20130007860 


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 date of rank (DOR) and effective date of promotion to chief warrant officer two (CW2) from 28 December 2012 to 19 April 2012 with appropriate back pay.

2.  The applicant states:

	a.  In accordance with National Guard Bureau (NGB) Policy Memorandum Number 07-026, sergeants first class (SFC)/E-7 who have served a minimum of 2 years as an E-7 are eligible for promotion to CW2 upon completion of the Warrant Officer Candidate School (WOCS) and Warrant Officer Basic Course (WOBC).

	b.  His effective date for promotion to E-7 was 9 August 2006; his effective date of appointment to warrant officer candidate was 28 July 2010; his effective date of appointment to warrant officer one (WO1) was 10 November 2010; his completion of WOBC and State promotion to CW2 was 18 April 2012; and his Federal recognition effective date of rank was 28 December 2012.

	c.  All prerequisites to meet the promotion eligibility guidelines for CW2 were achieved.

3.  The applicant provides:

* NGB Policy Memorandum Number 07-026
* Federal recognition orders for promotion to CW2
* promotion orders, dated 15 August 2006
* appointment orders, dated 4 August 2010
* DA Form 71 (Oath of Office – Military Personnel)
* State promotion orders, dated 28 June 2012

CONSIDERATION OF EVIDENCE:

1.  Having prior enlisted service in the Regular Army, the applicant enlisted in the Army National Guard (ARNG) on 11 February 1999.  He was promoted to SFC on 9 August 2006.  He was honorably discharged from the ARNG on 9 November 2010 for appointment as a warrant officer.  He was appointed as a WO1 in the ARNG on 10 November 2010.

2.  He completed WOBC on 18 April 2012.

3.  Rhode Island ARNG Orders 180-043, dated 28 June 2012, promoted him to CW2 effective and with a DOR of 18 April 2012.

4.  NGB Special Orders Number 6 AR, dated 8 January 2013, awarded him permanent Federal recognition for promotion to the grade of CW2 effective 28 December 2012.

5.  In the processing of this case, a staff advisory opinion was obtained from the Chief, Personnel Policy Division, NGB.  The advisory official recommends partial approval of the applicant’s request with the following recommendations:

	a.  amend Federal recognition NGB Special Orders Number 6 AR, dated 8 January 2013, to show his DOR and promotion effective date for CW2 as 28 October 2012;

	b.  the State should amend his DOR to read 28 October 2012; and

	c.  pay him all back pay and allowances that may be due as a result of this correction.

6.  The advisory opinion further states:

	a.  The applicant states he meets all prerequisites for promotion to CW2 with completion of the WOBC based on NGB Policy Memorandum Number 07-026.  Documentation provided by the applicant shows he completed WOCS on 28 July 2010 and WOBC on 18 April 2012.

	b.  He was eligible for promotion to CW2 upon completion of WOBC on 18 April 2012, but an officer personnel manager in the Rhode Island ARNG did not submit his promotion packet to NGB in a timely manner.  The NGB Federal Recognition Branch received the promotion packet on 28 June 2012.  The packet was processed and forwarded for scrolling on 1 October 2012 and his Federal recognition orders were published with an effective date of 28 December 2012.

	c.  The applicant must keep in mind that eligibility for promotion does not mean automatic promotion to the next highest grade.  National Guard Regulation 600-101 (Warrant Officers – Federal Recognition and Related Personnel Actions), paragraph 7-2, states promotions will be based on Department of the Army military occupational specialty (MOS) promotion 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.  Promotion will not be used solely as a reward for past performance.

	d.  The scroll process takes approximately 120 days from the date the promotion packet is received at NGB.  This branch and the NGB Warrant Officer Policy Branch recommend adjustment of the applicant's promotion effective date to CW2 to reflect 28 October 2012.

	e.  The State non-concurs with this recommendation.

7.  A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal.  He did not respond.

8.  NGB Policy Memorandum Number 07-026, dated 14 August 2007, subject:  Policy to Appoint SFC to CW2, provides that States are authorized to appoint SFC to the grade of CW2 effective the date of the memorandum if an SFC has served a minimum of 2 consecutive years as an E-7 and an SFC/E-7 who is eligible for MOS training may be promoted to CW2 after completion of WOCS and WOBC.

9.  ARNG Policy Memorandum Number 11-105, dated 14 June 2011, pertains to Federal recognition of warrant officer appointments in the ARNG.  This memorandum states all initial appointments of warrant officers and appointments in a higher grade (promotion) by warrant or commission will be issued by the President effective 7 January 2011.

10.  An ARNG information paper, dated 22 July 2011, subject:  NDAA 2011 Changes to Warrant Officer Federal Recognition Process, states:

	a.  Prior to 7 January 2011, all warrant officer Federal recognition appointments and promotions were approved by the Secretary of the Army.  The Secretary of the Army delegated this authority to the Director, NGB, and NGB published all Federal recognition orders for warrant officers.

	b.  On 7 January 2011, NDAA 2011 was signed and a new requirement was created that all warrant officer appointments and promotions would have to be signed by the President.  This new requirement removed NGB authority to approve and publish all warrant officer Federal recognition orders.  All warrant officer appointments and promotions are now required to be placed on a scroll and processed through various channels from the Department of the Army G-1 up to the Secretary of Defense.

	c.  Before NDAA 2011, all National Guard warrant officer promotions effective DOR was the date of the State promotion orders as stated in the Federal Recognition Board recommendations.

11.  An ARNG information paper, dated 9 August 2011, subject:  Warrant Officer Federal Recognition Scroll 01-11 Status and Update for Scrolls 02-11 through 10-11, states the DOR will not be retroactive to the DOR on the State promotion orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests adjustment of his DOR and effective date of promotion for CW2 to 19 April 2012.

2.  The evidence shows the applicant:

* was promoted to SFC/E-7 in August 2006
* was appointed as a WO1 in the ARNG on 10 November 2010
* completed WOBC on 18 April 2012

3.  It is noted the NGB advisory official recommends his DOR and promotion effective date for CW2 be amended to 28 October 2012.  

4.  Based on NGB Policy Memorandum Number 07-026, he was eligible for promotion to CW2 upon completion of WOBC and his records should have been corrected to show he was promoted to CW2 with a DOR of 18 April 2012.  However, without an explanation why his promotion packet to CW2 was delayed (i.e., if it was through the unit’s fault or the applicant’s), an error or injustice cannot be determined at this time.  

5.  Based on the foregoing, there is insufficient evidence on which to grant the requested relief.  

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)                                         AR20130007860



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ABCMR Record of Proceedings (cont)                                         AR20130007860



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