BOARD DATE:	  17 July 2014

		DOCKET NUMBER:  AR20140004268 


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, in three separate applications, correction of his records to show his initial appointment date for Federal Recognition and his date of rank (DOR) was 27 July 2011. 

2.  The applicant states, in effect, he was not granted permanent Federal Recognition from the National Guard Bureau (NGB) on the date he graduated from Warrant Officer Candidate School (WOCS).

3.  The applicant provides:

* Memorandum for the Army Board for Correction of Military Records, dated 23 January 2014
* DA Form 71 (Oath of Office – Military Personnel), dated 27 July 2011
* NGB 337 (Oaths of Office), dated 27 July 2011
* DA Form 1290 (Army of the United States of America Reserve Warrant Officer Certificate), dated 27 July 2011
* DD Form 256A (Honorable Discharge Certificate), dated 26 July 2011
* DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 26 July 2011
* NGB Form 89 (Proceedings of a Federal Recognition Examining Board), dated 21 April 2011
* NGB 62E (Application for Federal Recognition), dated 31 March 2011
* Headquarters, Iowa Army National Guard (IAARNG) Orders 195-010, dated 14 July 2011
* 
DD Form 214, dated 4 June 2002
* United States Army Warrant Officer Career College Diploma, dated 27 July 2011
* NGB Special Orders Number 39 AR, dated 24 December 2013

CONSIDERATION OF EVIDENCE:

1.  The applicant applied for Federal Recognition on 31 March 2011.  

2.  A Federal Recognition Examining Board convened on 21 April 2011.  That board found him to be fully qualified and recommended that he be granted Federal Recognition.

3.  On 14 July 2011, IAARNG Orders 195-010 were published appointing the applicant in the ARNG and extending him temporary Federal Recognition, effective 27 July 2011, in the rank of warrant officer one (WO1).

4.  The applicant executed his Oath of Office in the IAARNG on 27 July 2011.

5.  The applicant applied a second time for Federal Recognition on 28 January 2013.

6.  He executed a second Oath of Office in the IAARNG on 28 February 2013.

7.  On 24 December 2013 NGB Special Orders Number 39 AR, extended him Federal Recognition for an "initial" appointment, effective 22 May 2013.

8.  The applicant provides a memorandum to this Board from Headquarters, IAARNG G1.  The memorandum states that he was appointed as a WO1 in the IAARNG effective 27 July 2011 and that due to no fault of his own, his appointment was grossly delayed allowing his temporary Federal Recognition to expire.  It states that the State was not able to have his Federal Recognition backdated to reflect the correct date and instead he had to be appointed a second time with an effective date of 23 February 2013.  The memorandum states that the applicant performed duties as a WO1 for the duration of this period starting from 27 July 2011.

9.  During the processing of this case, an advisory opinion was obtained from the NGB Chief, Personnel Policy Division, who recommends approval of the applicant's request.  She states that in accordance with National Guard Regulation (NGR) 600-101 (Warrant Officers – Federal Recognition and Related Personnel Actions – 1 April 1989), paragraph 2-4(a) "the appointment of warrant 

officers in the Army National Guard (ARNG) is a function of the State concerned. Upon appointment in the ARNG of the State and subscribed to an Oath of Office, a Soldier assumes a State status under which to serve."  The same regulation also states "the effective date of Federal Recognition is the date the warrant officer executes his Oath of Office, National Guard Bureau Form 337."  Because the applicant executed his original Oath of Office on 27 July 2011, it is only fair and equitable to adjust his DOR from 23 February 2013 to 27 July 2011.

10.  The applicant was provided a copy of the advisory for his concurrence and/or possible rebuttal.  No response was received.

11.  NGR 600-101 provides procedures for processing all applications for Federal Recognition.  

	a.  Paragraph 2-2 states that the appointment of warrant officers is a function of the state concerned.  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 warrant officers of the Army with assignment to the Army National Guard of the United States if they have not already accepted such appointment.  

	b.  Paragraph 2-4b states that the effective date of Federal Recognition for original appointment is that date on which the warrant officer executes the oath of office in the State.  Paragraph 2-3 states that temporary Federal Recognition upon initial appointment establishes the authorized grade to be used by all officers in their federally recognized status. 

	c.  Paragraph 2-3 states that temporary Federal Recognition may be extended to a warrant officer who has been appointed in the ARNG of a State and found to be qualified by a Federal Recognition Board pending final determination of eligibility and appointment as a warrant officer of the Army.  If not sooner withdrawn or replaced by the granting of permanent Federal Recognition, temporary Federal Recognition will automatically terminate six months after the effective date of State appointment.  However, should the initial period of temporary Federal Recognition expire due to administrative processing delays, through no fault of the member, a subsequent Federal Recognition Board should be convened to consider the request again and grant another new period of temporary Federal Recognition if warranted.

	d.  Paragraph 2-3a states that temporary Federal Recognition may be granted by a Federal Recognition Board to those eligible when the board finds that the member has successfully passed the examination prescribed herein, has subscribed to the oath of office, and has been appointed by a State order for assignment to a position vacancy in a Federally recognized unit of the Army National Guard.  The Federal Recognition Board will forward the NGB Form 89 and allied documents to The Adjutant General.  When the member is favorably recommended, The Adjutant General will endorse the packet to the NGB.  If the member meets the qualifications and requirements for Federal Recognition, the Chief, NGB extends permanent Federal Recognition to the member in the grade and branch in which the member is qualified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his initial appointment date for Federal Recognition and DOR to WO1 should be changed from 23 February 2013 to 27 July 2011 because it was delayed not due to his own fault.

2.  The available evidence shows the applicant did meet the requirement for Federal Recognition when he took his Oath of Office on 27 July 2011. 

3.  Based on applicable laws and regulations, Federal Recognition Order Number 39 AR, dated 24 December 2013 should be amended to show the effective date of permanent Federal Recognition for his initial appointment to WO1 as 27 July 2011.  He is also authorized all pay and allowances due him as a result of this correction.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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 the state Army National Guard records and the Department of the Army records of the individual concerned be corrected, as appropriate, by:

	a.  amending Federal Recognition Order Number 39 AR, dated 24 December 2013 to show he was extended Federal recognition for his initial appointment to warrant officer one (WO1), effective 27 July 2011; and

	b.  auditing the applicant's pay records and paying him any back pay and allowances due 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)                                         AR20140004268





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ABCMR Record of Proceedings (cont)                                         AR20140004268



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