BOARD DATE:	  4 August 2015

		DOCKET NUMBER:  AR20140018149 


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 her date of rank (DOR) for promotion to chief warrant officer two (CW2) in the Georgia Army National Guard (GAARNG) be amended to the date she completed the Warrant Officer (WO) Basic Course (WOBC).

2.  The applicant states, in effect:

	a.  She was a master sergeant (MSG) prior to becoming a WO and graduated from WOBC on 25 April 2012.

	b.  National Guard Regulation (NGR) 600-101 (WO Federal Recognition and Related Personnel Actions), paragraph 2-10c (in effect at the time) essentially states a Soldier in the rank of MSG may be promoted to CW2 in one of two ways, after first having served in the rank for 2 consecutive years:

		(1)  when certified by the military occupational specialty (MOS) proponent prior to the date of initial appointment and upon completion of Warrant Officer Candidate School (WOCS) (attendance at WOBC is not required), or

(2)  upon completion of WOCS and WOBC.

	c.  Her promotion packet showed an effective date of 25 April 2012, but her current DOR is 6 November 2012.



3.  The applicant provides:

* letter, dated 9 March 2010, issued by Headquarters, U.S. Army Quartermaster School, addressed to the National Guard Bureau (NGB), subject:  Determination of Eligibility [applicant]
* DA Form 1059 (Service School Academic Evaluation Report), showing the applicant's successful completion of Property Accounting Technician (MOS 920A) WOBC 002-12, for the period 27 February 2012 through 25 April 2012
* WOCS diploma, dated 29 June 2010 
* Orders Number 193-806, dated 11 July 2012, issued by the GAARNG
* Special Orders (SO) Number 396 AR, dated 9 November 2012, issued by the NGB
* Orders Number 258-792, dated 15 September 2011, issued the GAARNG
* memorandum, dated 29 February 2012, issued by U.S. Army Human Resources Command (HRC)
* SO Number 68 AR, dated 23 February 2012, issued by the NGB
* Orders Number 299-716, dated 26 October 2010, issued by the GAARNG
* Orders Number 143-102, dated 23 May 2007, issued by the GAARNG
* memorandum, dated 14 August 2007, issued by the NGB, subject:  Policy to Appoint Sergeant First Class (SFC) to CW2 (NGB-ARH Policy 
Memo # 07-026)
* extract from NGR 600-101, dated 1 October 1996

CONSIDERATION OF EVIDENCE:

1.  After prior service in the Regular Army, the applicant enlisted in the GAARNG on 12 April 1999 in the rank/grade of specialist four/E-4.  At the time of her enlistment she held military occupational specialty (MOS) 92Y (Unit Supply Specialist).

2.  Her records show the following:

	a.  She was promoted to SFC with a DOR of 1 June 2007.

	b.  A memorandum, dated 9 March 2010, from the U.S. Army proponent for Quartermaster, certified the applicant met the technical certification requirements for Quartermaster WO MOS 920A.  It noted additionally the applicant would be required to complete both the WOCS and WOBC (emphasis added), meet height and weight requirements, and pass the Army Physical Fitness Test.

	c.  Orders Number 139-719, dated 19 May 2010, issued by the GAARNG, appointed the applicant as a WO Candidate effective 17 May 2010.
	d.  The applicant graduated from WOCS on 29 June 2010.  

	e.  The applicant was promoted to MSG/E-8 with a DOR of 1 November 2010.

	f.  Orders Number 255-859, dated 12 September 2011, issued by the GAARNG, show the applicant was honorably discharged from the ARNG and as a Reserve of the Army effective 14 September 2011.  

	g.  Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she was honorably released from active duty on 14 September 2011.  She completed 10 years, 4 months, and 26 days of net active creditable service, with 3 years, 5 months, and 7 days of prior active service, and 2 years, 7 days of prior inactive service.  Her rank/grade at the time of her release was MSG/E-8.

	h.  Orders Number 258-792, dated 15 September 2011, issued by the GAARNG, appointed the applicant as a WO one (WO1) in the ARNG effective 15 September 2011.  

	i.  NGB Form 337 (Oaths of Office) shows the applicant executed her oath of office on 15 September 2011.

	j.  SO Number  68 AR, dated 23 February 2012, issued by the NGB, shows the applicant was initially appointed as a WO1, MOS 001A (Unqualified in an Authorized Warrant Officer MOS) effective 15 September 2011.

	k.  A memorandum, dated 29 February 2012, issued by HRC, confirms the applicant's appointment as a Reserve WO of the Army under Title 10, U.S. Code, sections 12201 and 12241 with an effective date of 15 September 2011.

	l.  A DA Form 1059 covering the period ending 25 April 2012 shows the applicant successfully completed WOBC for MOS 920A.

	m.  Orders 193-806, dated 11 July 2012, issued by the GAARNG, show the applicant was promoted to CW2 with a DOR of 23 May 2012 and an effective date of 23 May 2012 (emphasis added).  The order also states the applicant would be paid and could wear the insignia once she was Federally recognized.

	n.  SO Number 208 AR, dated 12 June 2012, (as amended by SO Number 222 AR dated 21 June 2012) issued by the NGB, shows the applicant was appointed as a WO1 in MOS 920A effective 25 April 2012 (emphasis added).


	o.  SO Number 396 AR, dated 9 November 2012, issued by the NGB, shows the applicant was promoted to CW2 with an effective date of 6 November 2012.

	p.  A memorandum, dated 9 November 2012, issued by the NGB, subject:  Promotion as a Reserve Commissioned WO of the Army, shows the applicant was promoted to the rank of CW2 with an effective date of 6 November 2012.

3.  In an advisory opinion, dated 2 January 2015, the NGB recommends disapproval.  In reaching that recommendation, the following was provided:

* the applicant was promoted to SFC on 1 June 2007, to MSG on 1 November 2010, and appointed as a WO1 on 15 September 2011
* she completed WOBC on 25 April 2012
* State orders (dated 11 July 2012) promoted her to CW2 with an effective date of 23 May 2012 and Federal recognition for promotion to CW2 was effective 6 November 2012
* for the promotion to be valid, the Federal recognition process must still occur; paragraph 7-2 of NGR 600-101 stipulates promotion will be based on a determination made by the Federal Recognition Board (FRB)

4.  A copy of the advisory opinion was provided to the applicant.  She did not comment within the time allotted.

5.  The applicant provides a memorandum, dated 14 August 2007, issued by the NGB, subject:  Policy to Appoint SFC to CW2 (NGB-ARH Policy Memo 
# 07-026).  This memorandum essentially states:

	a.  Effective the date of the memorandum, States were authorized to appoint SFCs to the grade of CW2 if they met the following criteria:

		(1)  had served a minimum of two consecutive years as an SFC,

		(2)  were certified by the DA MOS proponent prior to the date of initial appointment and upon completion of WOCS (in this case, attendance at WOBC would not be required), or

		(3)  were eligible for MOS training and had completed WOCS and WOBC.

	b.  The appointments of MSGs through command sergeants major (CSM) remained unchanged.

	c.  The policy also applied to all Soldiers then serving in the grade of WO1 who met the requirements prior to appointment.  These Soldiers could submit their promotion packets to the next FRB for consideration, provided they met all other requirements.

6.  NGR 600-101 prescribes policies and procedures for ARNG WO personnel management.  

	a.  Paragraph 2-10c, in effect at the time, stated Soldiers in the ranks of MSG through CSM could be promoted to CW2 in one of two ways, after having first served 2 consecutive years as an E8/E9:

		(1)  when certified by the MOS proponent prior to the date of initial appointment and upon completion of WOCS (attendance at WOBC not required), or

		(2)  upon completion of WOCS and WOBC.

	b.  Chapter 7, in effect at the time, stated that the promotion of WOs in the ARNG was a function of the State.  As in original appointments, a WO promoted by State authority had a State status in the higher grade under which to function.  However, to be extended Federal recognition in the higher grade, the officer had to satisfy the requirements for promotion.  Promotions were based on the DA proponent duty MOS certification via satisfactory completion of the 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 an FRB.  

7.  NGB Policy Memorandum 11-015, dated 14 June 2011, subject:  Federal Recognition of WO's in the ARNG, stated ARNG WO's were initially appointed and were also promoted by the State or Territory to which the officer was assigned.  The Chief, NGB, reviewed and approved those actions.  

	a.  Title 10, U.S. Code, sections 571b and 12241b (implemented by the National Defense Authorization Act (NDAA) for 2011), introduced a new requirement wherein all WO appointments and promotions to CWO grades in the ARNG had to be made by the President of the United States.  As a result, effective 7 January 2011, all initial appointments of WOs and promotions to higher grades by warrant or commission were required to be issued by the President (as delegated to the Secretary of Defense).  

	b.  Requests for appointment were required to be staffed through the Department of the Army Office of the Deputy Chief of Staff, G-1.  This requirement added 90 to 120 days (or more in some instances) to the process for approval for appointments or promotions.
DISCUSSION AND CONCLUSIONS:

1.  The applicant requests her DOR be changed to the date she graduated from WOBC (25 April 2012).  She bases her request on a provision found within NGR 600-101, as modified by an NGB policy memorandum, which stated enlisted Soldiers in the ranks of SFC through CSM could be promoted to the rank of CW2 provided they had served in the rank for 2 consecutive years and had completed WOCS and WOBC.  

* she was promoted to SFC on 1 June 2007
* when she was selected as a WO Candidate, on 17 May 2010, she had served more than 2 consecutive years as an SFC
* she graduated from WOCS on 29 June 2010
* she was promoted to MSG on 1 November 2010
* she was appointed as a WO1 on 15 September 2011
* she graduated from WOBC on 25 April 2012
* she was promoted to CW2 and Federally recognized as a CW2 effective 6 November 2012 with a DOR of 6 November 2012

2.  Based upon the NGB policy memorandum and the NGR, it is evident she met the first criterion by graduating from WOCS while still an SFC with more than 2 consecutive years time in grade.  However, when she was promoted to MSG, the 2-year requirement began again for her newly promoted rank.  As such, to be eligible for the accelerated promotion to CW2, she would then have had to serve another 2 consecutive years as a MSG, followed by her graduation from WOBC.  

3.  The intent of the regulation, as amended by the policy memorandum, appears to have been to recognize those noncommissioned officers who were already technically qualified and thus warranted accelerated promotion to CW2.  Apart from the issue of time in grade as a MSG, she appears to have fulfilled the intent of both the regulation and policy memorandum:  

* she was certified by the MOS proponent as being technically qualified for WO MOS 920A prior to her selection as a WO Candidate
* she served for more than 2 consecutive years as an SFC
* she completed both the WOCS and WOBC

4.  As a result of the NDAA of 2011, warrant officer appointments to the next higher grade required the action by the President of the United States, as delegated to the Secretary of Defense.  This new requirement has resulted in the delay of all warrant officer promotions as procedures were developed and implemented to meet the new legal mandate.  The delay was therefore not the result of an error or an injustice, but rather a consequence of elevating the appointment and promotion authority for WO's to such a high level.

5.  In light of the NDAA 2011 requirements, the effective date of promotion must remain 6 November 2012, as directed by the Secretary of Defense, on behalf of the President of the United States.  The DOR, however, is not tied to the requirements of NDAA 2011.  

	a.  Because she essentially fulfilled the intent of the regulation and policy memorandum, and as a matter of equity, it would be appropriate to adjust her DOR for promotion to CW2 to the date she graduated from WOBC.

	b.  In view of the foregoing evidence, the applicant's date of rank for her promotion to CW2 should be changed from 6 November 2012 to 25 April 2012, with the effective date remaining as 6 November 2012.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X_____  __X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending her date of rank (not effective date of promotion) for CW2 to 25 April 2012.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so 






much of the application that pertains to the effective date of the applicant’s promotion to CW2.



      _______ _ 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)                                         AR20140018149





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