IN THE CASE OF:	  

		BOARD DATE:	  8 January 2015

		DOCKET NUMBER:  AR20140018523 


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 promotion and date of rank (DOR) as a chief warrant officer two (CW2) in the Minnesota Army National Guard (MNARNG) from 13 July 2012 to 18 February 2012.

2.  The applicant states he was promotable to CW2 on 18 February 2012.  He completed all paperwork and requirements for promotion but wasn't promoted until 13 July 2012.  He was on active duty and getting ready to deploy when he put together his packet for promotion.  He had everything completed and submitted through his S1 Section.  He knew at the time that Federal recognition was taking longer to be accomplished but he had to wait 5 months for his promotion.

3.  The applicant provides:

* a memorandum, dated 18 February 2010, from U.S. Army Installation Management Command, Fort Rucker, AL
* National Guard Bureau (NGB) Special Orders (SO) Number 174 AR, dated 29 July 2011
* State of Minnesota, Department of Military Affairs, Office of the Adjutant General, St. Paul, MN Orders 255-004, dated 12 September 2011
* NGB SO Number 261 AR, dated 23 July 2012


CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service in the MNARNG, he was appointed a Reserve warrant officer (WO) of the MNARNG and executed an oath of office on 
18 February 2010.  NGB SO Number 43 AR, dated 9 March 2010, extended him Federal recognition for this initial appointment.

2.  A DA Form 1059 (Service School Academic Evaluation Report), dated 5 July 2011, shows he completed the Junior Officer Professional Development Course, the Initial Entry Rotary Wing/UH-60 Track Course, and the Basic Officer Leadership Course B on 14 July 2011.

3.  NGB SO Number 174 AR, dated 29 July 2011 awarded him the military occupational specialty (MOS) 153D (UH-60 Black Hawk Pilot).

4.  On 27 November 2011, he was ordered to active duty for Operation Enduring Freedom.  He served in Kuwait from 19 January to 4 October 2012.  He was released from active duty on 10 November 2012.

5.  On 26 March 2012, a Federal Recognition Board (FRB) was held by the MNARNG to determine if the applicant was qualified to be awarded Federal recognition for promotion to CW2.  The proceedings indicated that the applicant was satisfactory in his physical qualifications, moral character, and general qualifications.  The FRB recommended he be granted Federal recognition.

6.  Joint Force Headquarters - Minnesota, Office of the Adjutant General Orders 087-1090, dated 27 March 2012, promoted him to CW2 with an effective date and DOR of 26 March 2012.  The orders stated the effective date of the promotion would be the date the permanent Federal recognition order was published.

7.  NGB SO Number 261 AR, dated 23 July 2012, extended him Federal recognition for promotion to CW2 with an effective date and DOR of 
13 July 2012.

8.  National Guard Regulation 600-101 (Warrant Officers - Federal Recognition and Related Personnel Actions) prescribes policies and procedures for ARNG WO personnel management.  Chapter 7 states that promotion of WOs 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 MOS certification via satisfactory completion of 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.

9.  A warrant officer must complete the minimum years of promotion service as shown in Table 7-1 (for promotion to CW2, two years in the lower grade) and the education requirements of Table 7-2 (completion of Warrant Officer Basic Course (WOBC)) of National Guard Regulation 600-101 to attain eligibility for promotion and receive Federal recognition in the higher grade.  Additionally, a WO must be medically fit and meet the height and weight standards as well as pass the APFT.

10.  NGB Policy Memorandum 11-015, Subject: Federal Recognition of Warrant Officers in the ARNG, dated 14 June 2011 states that ARNG WOs are initially appointed and are also promoted by the State or Territory to which the officer is assigned.  The Chief, NGB, reviews and approves those actions.  Title 10, U.S. Code, sections 571b and 12241b introduce a requirement that all WO 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 the 2011 National Defense Authorization Act (NDAA), 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 days or more to the process for approval for appointments or promotions to be completed.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was appointed as a WO in the MNARNG on 18 February 2010.  He met the criteria for promotion to CW2 on 
18 February 2012 in that he met the 2-year time in grade requirements and he had completed WOBC.  However, the FRB convened on 26 March 2012 and recommended him for promotion.  The State published the promotion order on 
27 March 2012, with an effective date and DOR of 26 March 2012.

2.  His promotion packet appears to have been forwarded through the State to the NGB for extension of Federal recognition.  Since the promotion to CW2 is now issued by the President of the United States and is delegated to the Secretary of Defense, this requirement may add 90 to 120 days or more to the process for approval for appointments or promotions to be completed.

3.  On 26 March 2012, the FRB recommended he be extended Federal recognition for promotion to CW2.  On 23 July 2012, he was extended Federal recognition to CW2 with an effective date and DOR of 13 July 2012 which is within the 90 to 120 day requirement from the date of the FRB to finalize his promotion.

4.  In view of the foregoing evidence and the change in law, the applicant's effective date of promotion seems 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)                                         AR20140018523



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