IN THE CASE OF:  

		BOARD DATE:    25 June 2015

		DOCKET NUMBER:  AR20150003766


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 adjustment of his effective date and date of rank (DOR) for appointment to warrant officer one (WO1) from 8 January 2015 to     31 January 2013, the date he signed his National Guard Bureau (NGB) Form 337 (Oaths of Office).
 
2.  The applicant states:

* his record should be back dated because it was not his fault his Federal recognition orders were not completed in a timely manner
* he completed the Warrant Officer Career Course on 31 January 2013, and the Aviation Initial Entry Rotary Wing (IERW) Course and Basic Officer Leader Course - B (BOLC-B) on 11 September 2014
* he should be eligible for promotion in January 2015; however, because his Federal recognition orders were not completed until January 2015, his new promotion eligibility date will be February 2017

3.  The applicant provides the following documents, arranged chronologically:

* 2 copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 January 2013
* Warrant Officer Career Course diploma, dated 31 January 2013
* DA Form 71 (Oath of Office – Military Personnel), dated 31 January 2013
* NGB Form 337, dated 31 January 2013
* Orders 051-500, issued by the Virgin Islands Army National Guard (VIARNG) on 20 February 2013
* DA Form 1059 (Service School Academic Evaluation Report), dated       11 September 2014
* NGB Form 89 (Proceedings of a Federal Recognition Examining Board), dated 8 January 2015

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving as a warrant officer in the VIARNG.

2.  After previous enlisted service in the ARNG, he was appointed as a WO1 on 31 January 2013.  Concurrent with his appointment, he was granted temporary Federal recognition as a WO1, effective 31 January 2013.

3.  He completed the IERW Course and BOLC-B on 11 September 2014.

4.  A Federal Recognition Board (FRB) was held by the VIARNG to determine if he was qualified to be awarded Federal recognition as a WO1.  The board found him physically, morally, generally, and professionally qualified for, and recommended he be granted, Federal recognition as a WO1.

5.  Special Orders Number 17 AR, issued by NGB on 21 January 2015, extended him Federal recognition for his appointment as a WO1, effective 8 January 2015.

6.  In the processing of this case an advisory opinion was obtained on 24 April 2015 from the Chief, Personnel Policy Division at NGB.  The advisory official recommended approval of the applicant's request for an adjustment of his DOR to WO1 from 8 January 2015 to 31 January 2013.  The advisory official cited the applicant's qualifications and the VIARNG's failure to submit the required documentation in a timely manner, resulting in a delayed Federal recognition.

	a.  The applicant graduated from the Warrant Officer Candidate School on          31 January 2013, according to his course certificate.  He was appointed as a WO1 in the Aviation Branch with an area of concentration (AOC) of 153L (UH-72A Medical Evacuation Pilot) with an effective date of 31 January 2013, according to his appointment orders 051-500, dated 20 February 2013.  He was granted temporary Federal recognition as a WO1 on 31 January 2013, according to his NGB Form 337 Oaths of Office.

	b.  The applicant graduated from the IERW Aviator (UH-60) Course on 16 September 2014, according to his course certificate.  He was assigned the military occupational specialty (MOS) of 153D (UH-60 Pilot), according to his DA Form 1059, dated 11 September 2014.  He was branch qualified when he completed the IERW course on 16 December 2014 and should have been extended permanent Federal recognition.

	c.  He was awarded the AOC 1530 (UH-60 Pilot), according to a memorandum dated 07 November 2014.

	d.  He was again extended temporary Federal recognition as a WO1 by an FRB held on 08 January 2015, according to NGB Form 89.  This NGB Form 89 states failure to achieve DA Proponent duty MOS certification within two years of warrant officer appointment will subject the applicant to withdrawal of Federal recognition.  He was branch qualified when he completed the IERW course on 16 December 2014 and met all qualifications for Federal recognition as a WO1 within two years of his initial appointment date as required in paragraph 2-8 of National Guard Regulation (NGR) 600-101 (Warrant Officers – Federal Recognition and Related Personnel Actions).

	e. The VIARNG acknowledged that required documentation for Federal recognition was not submitted in a timely manner, according to a memorandum dated 25 March 2015.  He should not be penalized for this error.

7.  The advisory opinion was forwarded to the applicant on 30 April 2015, for information and to allow him the opportunity to submit comments or a rebuttal; however, he did not respond.  

8.  NGR 600-101 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 appointed or promoted by State authority has a State status in the appointed or higher grade under which to function.  However, to be extended Federal recognition, the warrant officer must satisfy the requirements for appointment or promotion.  

9.  NGB Policy Memorandum 11-015 (Federal Recognition of Warrant Officers in the ARNG), dated 14 June 2011, provides that ARNG warrant officers are initially appointed and promoted by the State or Territory to which they are assigned.  The Chief, NGB, reviews and approves those actions.  In accordance with Title 10, U.S. Code, sections 571b and 12241b, all warrant officer appointments and promotions to chief warrant officer grades in the ARNG will be made by the President of the United States.  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 days or more to the process for approval for appointments or promotions.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for adjustment of his DOR to WO1 was carefully considered.   

2.  The evidence of record shows he was appointed as a WO1 on 31 January 2013 and he was grant temporary Federal recognition concurrent with his initial appointment, effective 31 January 2013, contingent upon him becoming branch and duty MOS qualified within 2 years.  The evidence shows he completed the IERW Course and BOLC-B on 11 September 2014, thereby meeting the criteria for permanent Federal recognition.    

3.  It appears the VIARNG did not submit his Federal recognition paperwork in a timely manner, or within the required 2 year period since his date of appointment; therefore, he was considered by a second FRB.

4.  He was favorably considered by an FRB on 8 January 2015 that found him physically, morally, generally, and professionally qualified for Federal recognition as a WO1.  Subsequent to this FRB, the NGB published Special Orders Number 17 AR on 21 January 2015, which extended him Federal recognition for his appointment as a WO1, effective 8 January 2015.

5.  Without question, the failure to process his Federal recognition paperwork for permanent Federal recognition of his appointment to WO1 was in error and occurred through no fault of his own.

6.  Therefore, as a matter of equity, it would be appropriate to adjust the applicant's DOR to 31 January 2013, in keeping with the provisions of his appointment orders and NGB Form 337.

BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 to show his DOR as 31 January 2013.



      ____________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)                                         AR20100000119



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ABCMR Record of Proceedings (cont)                                         AR20150003766



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