IN THE CASE OF: BOARD DATE: 22 September 2009 DOCKET NUMBER: AR20090003961 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 that his date of rank (DOR) for promotion to chief warrant officer two (CW2) be changed to 14 July 2008. 2. The applicant states, in effect, that his date of eligibility for promotion to the rank of CW2 was originally 14 July 2008; however, for reasons beyond his control, his promotion packet was administratively delayed and he was not promoted until 8 December 2008. 3. The applicant provides copies of his Federal Recognition orders for promotion to the ranks of warrant officer one (WO1) and CW2, a copy of his Academic Evaluation Report (AER), a copy of an officer evaluation report (OER), a copy of his promotion memorandum to CW2, a copy of an amendment to the promotion policy, copies of his mobilization orders, and a copy of his active duty for training (ADT) orders. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Ohio Army National Guard (OHARNG) on 10 July 1996 for a period of 8 years. He completed training as a UH-1 Helicopter repairman and was promoted to the pay grade of E-5 on 1 November 2000. He served in Iraq in support of Operation Iraqi Freedom from 21 March 2004 to 1 March 2005. 2. On 13 July 2006, he was honorably discharged from the OHARNG and the United States Army Reserve. On 14 July 2006, he was appointed as an aviator WO1 in the OHARNG. He completed the warrant officer basic course (OBC) on 18 October 2007. 3. The applicant was promoted to the rank of CW2, on 8 December 2008. In conjunction with his promotion, National Guard Bureau (NGB) Special Orders Number 327 AR, dated 17 December 2008, announced the extension of Federal recognition to the applicant effective 8 December 2008 for the purpose of promotion. On 2 January 2009, he was ordered to active duty in support of Operation Iraqi Freedom for a period of 400 days. 4. In the processing of this case a staff advisory opinion was obtained from the NGB which recommends approval of the applicant's request based on the fact that the applicant met the regulatory requirements of 24 months time in grade (TIG) on 14 July 2008 and the educational requirements as well. NGB officials opined that the applicant's promotion was delayed through no fault of his own and recommend that the Board approve his request with entitlement to all back pay and allowances. The advisory opinion was forwarded to the applicant and to date no response has been received by the staff of the Board. 5. Department of the Army, Office of the Deputy Chief of Staff G-1, Amendment to Policy Memo, dated 14 January 2005, provides in pertinent part, that all National Guard WO1s will be promoted to the rank of CW2 by the NGB, as appropriate, when they meet the 24-month TIG requirement for promotion and have completed the OBC. In the case of Army National Guard officers, the State will publish a State promotion order and forward it to the NGB no earlier than 90 days prior to the officer meeting the minimum TIG requirement provided the officer has completed the OBC and is otherwise eligible for promotion. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that he should have been promoted to the rank of CW2 on 14 July 2008 has been noted and appears to have merit. 2. The applicant completed the OBC in October 2007 and met the 24-month TIG requirement for promotion on 14 July 2008. However, for reasons not clearly evident in his official records, he was not promoted until 8 December 2008. 3. Accordingly, it would be in the interest of justice to correct the applicant’s records at this time to show he was promoted to the rank of CW2 on 14 July 2008 with an effective date and DOR of 14 July 2008 and entitlement to all back pay and allowances that result due to the change. 4. It would also be in the interest of justice to amend NGB Special Orders Number 327 AR to reflect he was extended Federal recognition effective 14 July 2008 for the purpose of promotion. BOARD VOTE: ____x____ _____x___ ____x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL 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 State Army National Guard and Department of the Army records of the individual concerned be corrected by a. showing he was promoted to the rank of CW2 on 14 July 2008 with an effective date and DOR of 14 July 2008; b. amending NGB Special Orders Number 327 AR, dated 17 December 2008, to reflect he was extended Federal recognition effective 14 July 2008 for the purpose of promotion; and c. paying him all back pay and allowances due as a result of the change. __________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) AR20090003961 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090003961 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1