RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            29 JANUARY 2004                  
	DOCKET NUMBER:   AR2003091682

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor		Chairperson	
	Mr. Walter T. Morrison		Member	
	Ms. Karen Y. Fletcher		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  In effect, the applicant requests that his date of rank be corrected to show that he was promoted to Chief Warrant Officer Two (CW2) effective and with a date of rank of 27 June 1999.

2.  The applicant states that he transferred from the North Carolina Army National Guard to the New Jersey Army National Guard; however, an officer evaluation report (OER) was not prepared on him at the time of his transfer.  Without this report he could not be considered for promotion by a Federal Recognition Board.  He was not considered or promoted until 2 February 2000. 

3.  The applicant provides the documents listed herein.

CONSIDERATION OF EVIDENCE: 

1.  The applicant entered military service in January 1982, enlisted in the Regular Army on 3 February 1982 and was released from active duty on 2 February 1987.  He enlisted in the Army Reserve on 17 May 1989 and reenlisted in the Reserve for 6 years on 5 November 1990.  

2.  Information on the applicant's initial appointment as a warrant officer is not available.  However, on 23 July 1997 Federal recognition in the grade of Warrant Officer One (WO1) was extended to the applicant, then a member of the North Carolina Army National Guard, effective 27 June 1997.  The National Guard Bureau Form 0122 (Special Orders Number 141) indicates that this was the applicant's initial appointment [as a warrant officer].   

3.  On 4 February 1999 Federal recognition in the grade of WO1 was extended to the applicant, then a member of the New Jersey Army National Guard, effective   5 December 1998, because of his transfer from the North Carolina Army National Guard. 

4.  On 1 December 1999 the Director of Personnel and Community Services of the New Jersey Army National Guard requested that the National Guard Bureau declare that the period from 1 June 1998 to 4 December 1998 be a non-rated OER period.  That official stated that the applicant left the state of North Carolina in June 1998 and that efforts to obtain an OER had been unsuccessful.  He stated that the applicant was eligible for promotion.  The Army National Guard Bureau determined that the period 1 June 1998 to 3 December 1998 was a non-rated period. 

5.  The applicant's OER for the period 5 December 1998 through 4 December 1999 shows that his rank was WO1 and his date of rank, 27 June 1997.  Both his rater and his senior rater indicated on that report that the applicant was an outstanding officer.   

6.  National Guard Bureau Form 89 (Proceedings of a Federal Recognition Examining Board) shows that the applicant was considered for promotion to CW2 on 2 February 2000.  The board recommended that the applicant be granted federal recognition in that grade, stating that the applicant was well qualified.  NGB Form 0122E shows that the applicant was extended federal recognition in the Army National Guard and promoted to CW2 effective on 2 February 2000.  

7.  In an 11 June 2003 memorandum to this Board, the New Jersey Army National Guard G1 requested that the applicant's date of rank to CW2 be corrected to 27 June 1999.  He stated that the applicant was transferred from North Carolina to New Jersey on 5 December 1998, and that an OER was not generated.  The lack of this OER when the applicant became eligible for promotion caused him to be not promoted because he could not appear before a Federal Recognition Board without the OER.  This was not the fault of the applicant.  

8.  Army and Air National Guard officers are appointed and promoted by the states, and must meet the promotion requirements established by the Reserve Officer Personnel Management Act (ROPMA) in order to be federally recognized in their pay grade.  Federal recognition boards, consisting of both active duty and National Guard officers determine if the officer is qualified (educationally, time in grade, etc.) for promotion.  Time in grade for promotion to CW2 is two years.

 DISCUSSION AND CONCLUSIONS:

1.  The applicant was not considered for promotion to CW2 when he was eligible through no fault of his own.  He had the necessary time in grade, and as indicated by his OER ending in December 1999 was well qualified.  A Federal Recognition Board that convened on 2 February 2000 recommended that he be granted federal recognition in the grade of CW2, indicating that he was qualified for promotion.  He was promoted on that date; however, should have been considered and promoted on 27 June 1999 as he states and as recommended by the New Jersey Army National Guard. 

2.  The applicant's request is granted.  His records should be corrected to show that he was extended federal recognition in the grade of CW2 effective and with a date of rank of 27 June 1999.  The applicant should receive all due pay and allowances in that grade effective on 27 June 1999.  

BOARD VOTE:

__RVO __  ___WTM_  __KYF__  GRANT 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 all Department of the Army records of the individual concerned be corrected by showing that he was extended federal recognition in the grade of CW2 effective and with a date of rank of 27 June 1999, and that he receive all due pay and allowances in the grade of CW2 effective on 27 June 1999.  

		Raymond V. O'Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR2003091682	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040129	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	102.07	
2.		
3.		
4.		
5.		
6.