IN THE CASE OF: 

		BOARD DATE:	    18 March 2014

		DOCKET NUMBER:  AR20130010140 


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 reconsideration of his earlier request for correction of his date of rank (DOR) to chief warrant officer three (CW3) in the Army National Guard (ARNG) from 5 August 2008 to 13 January 2006.  

2.  The applicant states

	a.  He is surprised by the Board's decision because he was contacted via phone by an officer of the National Guard Bureau (NGB) in late 2012 to discuss his case.  In their phone conversation, the officer agreed with his case and said the NGB concurred and notified the TXARNG.

	b.  He was neither in the Individual Ready Reserve (IRR) nor the ARNG at the time he was promoted to CW3.  He was a member of the U.S. Army Reserve (USAR) assigned to Special Operations Command Europe in an Individual Mobilization Augmentee (IMA) slot as per attached order.  When the ARNG released him in 2006, the ARNG purged his military records and security clearance.  His assignment to Special Operations Command Europe had to wait until 2007 because the USAR had to reconstruct his military files and restart his security clearance before he was picked up by Special Operations Command Europe, a position requiring a top secret clearance.  He was granted an interim top secret security clearance until July 2007 when he was re-indoctrinated to sensitive compartmented information (SCI) at Fort Bragg, NC.

	c.  As a member of the USAR during the time of his promotion to CW3, there was no prerequisite for him to have completed the Special Forces/Warrant Officer Advanced Course.  The same was true for his active duty peers in that course.  That is the difference between Title 10 and Title 32, whereby the ARNG required the Soldier to have completed his advanced course professional military education.

3.  The applicant provides Orders C-04-710210, dated 9 April 2007.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110023542, on 29 January 2013. 

2.  The applicant provides a new argument which was not previously considered. This is considered new evidence and warrants consideration by the Board. 

3.  Having had prior enlisted and commissioned officer service, the applicant was reappointed as a warrant officer of the USAR and ARNG and executed an oath of office on 5 August 1997.  He served in a variety of assignments and he was promoted to chief warrant officer two (CW2) on 13 January 2000.

4.  On 14 October 2005, the NGB issued the applicant a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter). 

5.  He was honorably separated from the ARNG on 15 July 2006 and he was transferred to the USAR Control Group (Annual Training).  

6.  The applicant attended and successfully completed the Special Forces Warrant Officer Advanced Course from 9 July 2008 to 12 September 2008. 

7.  On 6 August 2008, the U.S. Army Human Resources Command published Orders B-08-805180 promoting him to CW3 in the USAR with an effective date of 5 August 2008 and a DOR of 13 January 2006. 

8.  He was appointed as a warrant officer of the TXARNG and executed an oath of office on 12 September 2008.  

9.  On 30 December 2008, the NGB published Special Orders Number 337 AR extending him Federal recognition for transfer from the USAR to the TXARNG effective 12 September 2008.

10.  The applicant's ARNG records show his effective date to CW3 as 12 September 2008 and his DOR as 5 August 2008. 

11.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers), table 3-2 (Warrant Officer Time in Grade and Military Education Requirements), does not require completion of Warrant Officer Advanced Course until consideration for promotion to chief warrant officer four.

12.  National Guard Regulation 600-101 (Warrant Officers – Federal Recognition and Related Personnel Actions) contains ARNG warrant officer promotion policy. It stipulates the minimum military education requirement for promotion to CW3 is completion of a warrant officer advanced course.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed the Special Forces Warrant Officer Advanced Course on 12 September 2008.  He was appointed in the TXARNG in the grade of CW3 effective 12 September 2008 and with a DOR as 5 August 2008.   

2.  The difference in the two dates relates to the difference between the USAR and ARNG.  The USAR conducts mandatory promotion boards for warrant officers and the ARNG does not.  The applicant first became eligible for promotion as an ARNG CW3 when he completed the Special Forces Warrant Officer Advanced Course on 12 September 2008.  

3.  The applicant was not eligible for promotion in the ARNG until he completed the Special Forces Warrant Officer Advanced Course.  As a result, he was not eligible for promotion in the ARNG on the earlier DOR assigned by the USAR.  DOR assignment policies differ in the USAR and ARNG.  The applicant's DOR in the ARNG and his promotion eligibility date in the USAR are not necessarily the same given the difference in the promotion policies of each component. 

4.   In view of the foregoing evidence, there is an insufficient evidentiary basis to support granting 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 to amend the decision of the ABCMR set forth in Docket Number AR20110023542 dated 29 January 2013.




      ___________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)                                         AR20130010140





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ABCMR Record of Proceedings (cont)                                         AR20130010140



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