IN THE CASE OF:	   

		BOARD DATE:	  5 June 2014

		DOCKET NUMBER:  AR20140007962 


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) to chief warrant officer three (CW3) in the Vermont Army National Guard (VTARNG) from 15 August 2011 to 8 April 2011.

2.  The applicant states that he currently serves in the VTARNG and was eligible for promotion to CW3 on 8 April 2011.  His Federal Recognition Board (FRB) was convened on 8 April, 2011, and his package was subsequently forwarded to National Guard Bureau (NGB).  Promotion Order Number 109-012, issued by the VTARNG, on 19 April 2011, promoted him to CW3 with an effective date and DOR of 8 April 2011.  The NGB finally federally recognized and promoted him with an effective date and DOR of 15 August 2011.  As the regulation allows, had the FRB convened 120 days prior, his package would have been submitted with ample time for the NGB to review and to promote him on his date of eligibility.  He believes the error in his date of eligibility was affected by the delay in being Federally recognized 4 months after the VTARNG issued his promotion orders.  He wants his DOR adjusted to 8 April 2011 because his mandatory removal date (MRD) is 21 December 2016, and he would like to be eligible for promotion to chief warrant officer four (CW4) on 8 April 2016 as opposed to 15 August 2016.  

3.  The applicant provides Special Orders (SO) Number 141 AR, dated 2 June 2006, and SO Number 190 AR, dated 17 August 2011; Orders Number 109-012, dated 19 April 2011; and NGB Form 89 (Proceedings of a Federal Recognition Examining Board), dated 8 April 2011


CONSIDERATION OF EVIDENCE:

1.  Having prior enlisted service, the applicant was appointed as a Reserve warrant officer of the VTARNG and executed an oath of office on 4 February 2005.  He served in a variety of assignments and he was promoted to chief warrant officer two (CW2) on 7 April 2006.

2.  He successfully attended and completed the Warrant Officer Advanced Course from 4 August 2008 to 15 August 2008.

3.  On 8 April 2011, an FRB was held by the VTARNG to determine if the applicant was qualified to be awarded Federal recognition for promotion to CW3. The proceedings indicated the applicant was satisfactory in his physical qualifications, moral character, general qualifications, and he was qualified for promotion to CW3.

4.  On 19 April 2011, the VTARNG published Orders 109-012 promoting the applicant to CW3 with an effective date and DOR of 8 April 2011.

5.  On 17 August 2011, NGB published SO Number 190 AR extending the applicant Federal recognition for promotion to CW3 with an effective date and DOR of 15 August 2011.

6.  Title 10, U.S. Code, section 1211 (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/her appointment shall bear the date of the temporary recognition and shall be considered to have been accepted and effective on that date.  Section 14308(f) states the effective date of a promotion of a Reserve officer of the Army who is extended Federal recognition in the next higher grade in the ARNG shall be the date on which such Federal recognition in that grade is so extended.

7.  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 of appropriate level of military education, time in grade, demonstrated technical/tactical competence, and potential for service in the next higher grade as determined by an FRB.

8.  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 officers are 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, in accordance with NDAA 2011, 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 to 120 days or more to the process for approval for appointments or promotions to be completed.

9.  Fiscal Year (FY) 2011 National Defense Authorization Act (NDAA), Subject: Changes to Warrant Officer Federal Recognition Process, dated 22 July 2011, states effective 7 January 2011 all initial appointments of WOs 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 to 120 days or more to the process for approval for appointments or promotions to be completed.  This new requirement removed the authority from the NGB to approve and publish all warrant officer Federal Recognition Orders.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was considered for promotion to CW3 by an FRB that convened in 8 April 2011.  He was found fully qualified.  The State published promotion orders effective 8 April 2011.  It is unclear at what stage his promotion packet was forwarded to the NGB.  It is equally unclear when NGB processed his Federal recognition.

2.  However, promotions to CW3 are now issued by the President of the United States and is delegated to the Secretary of Defense as a result of NDAA 2011.  This requirement may take up to 120 days or more to the process for approval for appointments or promotions to be completed.

3.  With a State effective date of promotion of 15 August 2011, processing the Federal recognition by NGB was accomplished in August 2011 which is very reasonable given the added authority for a scroll by the Secretary of Defense.  Therefore, the applicant's effective date of promotion and DOR seem appropriate and reasonable and should not change.

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)                                         AR20140007962





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ABCMR Record of Proceedings (cont)                                         AR20140007962



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