IN THE CASE OF:
BOARD DATE: 11 March 2014
DOCKET NUMBER: AR20130012458
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 effective date of initial appointment as a warrant officer one (WO1) in the South Carolina Army National Guard (SCARNG) from 1 July 2012 to 25 May 2011.
2. The applicant states that during the period he was appointed, a new tracking system was being used between the States and the National Guard Bureau (NGB). This system was new and required user training and, as a result, his appointment packet was erroneously deleted from the system. His temporary Federal recognition expired sometime after his packet was submitted/deleted. Therefore, the state Office of Personnel Management and the NGB required a new appointment packet with an adjusted date. His original date of appointment into the SCARNG was 25 May 2011; however, Federal Recognition Orders (Special Orders (SO) Number 54 AR) issued by the NGB on 20 February 2013 listed his initial appointment to WO1 as 1 July 2012.
3. The applicant provides:
* Orders Number 140-800, dated 20 May 2011
* DA Form 71 (Oath of Office-Military Personnel), dated 25 May 2011
* NGB Form 337 (Oath of Office), dated 25 May 2011
* SO Number 54 AR, dated 20 February 2013
CONSIDERATION OF EVIDENCE:
1. The applicant's records contain an NGB Form 62E (Application for Federal Recognition as an ARNG Officer or Warrant Officer and Appointment as a Reserve Commissioned Officer or Warrant Officer of the Army in the ARNG of the United States), dated 30 November 2010. This form shows he requested Federal recognition and appointment in the ARNG as a WO1/Aviation (AV).
2. HIs record does not contain and he did not provide a copy of Federal Recognition Board (FRB) proceedings.
3. Orders Number 140-800 issued by the SCARNG on 20 May 2011 appointed him as a WO1 in the SCARNG with a date of rank (DOR) and effective date of
25 May 2011.
4. On 25 May 2011, he executed an oath of office (DA Form 71) as a Reserve warrant officer and an oath of office (NGB Form 337) as a Reserve warrant officer of the SCARNG.
5. His record contains a DA Form 1059 (Service School Academic Evaluation Report) showing he completed the Initial Entry Rotary Wing Course (IERW)/CH-47D Course on 12 November 2012.
6. The available record does not indicate when his appointment packet was forwarded through the State Adjutant General to the NGB for permanent Federal recognition.
7. On 20 February 2013, NGB Special Orders Number 54 AR extended him Federal recognition as a WO1 (in specialty 001A (Branch Immaterial)) for initial appointment in the ARNG with an effective date of 1 July 2012.
8. National Guard Regulation 600-101 (Warrant Officers Federal Recognition and Related Personnel Actions) provides procedures for processing applications for Federal recognition. Paragraph 2-1 states commissioned officers of the ARNG are appointed by the several States under Article 1, section 8, of the U.S. Constitution. These appointments may be Federally recognized by the Chief, NGB, under such regulations as the Secretary of the Army may prescribe and under the provisions of this regulation. Officers who are Federally recognized in a particular grade and branch shall be tendered an appointment in the same grade as Reserve commissioned officers of the Army with assignment to the ARNG of the United States if they have not already accepted such appointment. Paragraph 2-4 states the effective date of Federal recognition for appointment is the date on which the warrant officer executed the Oath of Office (NGB Form 337).
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant executed an NGB Form 337 for appointment in the SCARNG on 25 May 2011. He was granted temporary Federal recognition upon his initial appointment and execution of the oath of office. At that time, his complete Federal recognition packet and allied documents should have been forwarded to The Adjutant General of the State of South Carolina for endorsement to the NGB for extension of permanent Federal recognition. Through no fault of the applicant, this action was not taken.
2. It is unclear when his state discovered the error, and there is no evidence a Federal recognition packet was submitted/considered or that an FRB was conducted. Nevertheless, the NGB issued orders awarding him permanent Federal recognition effective 1 July 2012.
3. It is clear that an administrative error denied him permanent Federal recognition effective 25 May 2011. Based on applicable law and regulation, he is entitled to have his Federal recognition orders amended to show the effective date of permanent Federal recognition in the rank of WO1 as 25 May 2011 and any pay and allowances to which he may be entitled as a result of this correction.
BOARD VOTE:
___x____ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all State Army National Guard and Department of the Army records of the individual concerned be corrected by amending Federal Recognition Special Orders Number 54 AR, dated 20 February 2013, to show he was extended Federal recognition in the rank of WO1 effective 25 May 2011. Additionally, he should be paid any pay any allowances to which he may be entitled as a result of this correction.
_______ _ _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) AR20130012458
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