IN THE CASE OF: BOARD DATE: 5 November 2009 DOCKET NUMBER: AR20090005809 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, in effect, adjustment of his date of rank (DOR) for Chief Warrant Two (CW2) to 2 July 2008, with all back pay and allowances. 2. The applicant states that the parent battalion and brigade were in training for deployment and that his promotion packet was overlooked or personnel were not available to process and forward his packet for consideration in a timely manner. 3. The applicant provides a recommendation for promotion and promotion orders in support of his application. CONSIDERATION OF EVIDENCE: 1. Having prior active service in the Regular Army (RA), the applicant enlisted in the Army National Guard (ARNG) on 4 March 1986. He was promoted to the rank/grade of sergeant first class (SFC)/E-7 on 1 February 1995. He was appointed a Warrant Officer One (WO1) on 22 September 2007. 2. The applicant completed the Warrant Officer Basic Course on 13 June 2008. 3. Departments of the Army and the Air Force, National Guard Bureau (NGB), Special Orders Number 156 AR, dated 24 June 2008, show the applicant was granted Federal Recognition for a change of military occupational specialty (MOS) to 915A, effective 13 June 2008. 4. The applicant provided a recommendation for promotion to CW2, dated 2 July 2008, from his commander. This recommendation states, in pertinent part, that the applicant had clearly demonstrated the required fitness for the responsibilities and duties of the position, grade, and branch/MOS for which recommended and that he met the minimum military and civilian educational requirements. 5. Texas Military Forces, ARNG orders, dated 28 October 2008, show the applicant was promoted to CW2 effective 24 October 2008 with a DOR of 22 September 2007. 6. Departments of the Army and the Air Force, NGB, Special Orders Number 306 AR, dated 8 December 2008, show the applicant was granted Federal Recognition, effective 24 October 2008, for the purpose of promotion to CW2. 7. In the processing of this case, a staff advisory opinion was obtained from the NGB, Chief, Personnel Division. The advisory official recommends approval of the applicant’s request. The opinion points out that the applicant was promoted to SFC on 1 February 1995 and that he continuously served in that rank until attending Warrant Officer Candidate School (WOCS). The applicant received his initial appointment as a WO1 on 22 September 2007, he completed Warrant Officer Basic Course (WOBC) on 13 June 2008, and he met the education requirements for promotion to CW2. 8. The advisory official states that in accordance with NGB, Policy Division, Policy Memorandum Number 07-026, dated 14 August 2007, an SFC who has served a minimum of 2 consecutive years as an E-7 may be appointed to CW2 in one of two ways. The memorandum states that "SFC/E7 who is eligible for MOS training may be promoted to CW2 after completion of WOCS and WOBC." 9. The advisory official further states that the applicant was appointed a WO1 with a DOR of 22 September 2007 and he completed WOBC on 13 June 2008. He was fully eligible to be promoted on 2 July 2008 when he was recommended for promotion by his commander; however, through no fault of his own, his promotion was delayed until 24 October 2008. 10. A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal. The applicant did not respond within the given time frame. DISCUSSION AND CONCLUSIONS: 1. Evidence of record shows the applicant was appointed a WO1 on 22 September 2007. He completed WOBC on 13 June 2008 and he was granted Federal Recognition for a change of MOS to 915A effective 13 June 2008. The advisory official points out that the applicant was fully eligible to be promoted on 2 July 2008 when he was recommended for promotion by his commander. However, through no fault of his own, his promotion was delayed. Orders show the applicant was granted Federal Recognition for promotion to CW2 effective 24 October 2008. 2. Based on the foregoing, and in accordance with the regulatory guidance, it would be equitable to correct the applicant’s military records to show his effective date of promotion to CW2 is 2 July 2008 with a DOR of 2 July 2008. It would also be equitable to show he was granted Federal Recognition for promotion to CW2 effective 2 July 2008. BOARD VOTE: ___X___ ___X____ ___X____ GRANT FULL RELIEF ________ ________ ________ 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 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, as appropriate by amending NGB Special Orders Number 306 AR, dated 8 December 2008, to show that he was promoted to CW2 with a date of rank and effective date of 2 July 2008 and that he was granted Federal Recognition effective 2 July 2008 in the grade of CW2. 2. The Board further recommends that the applicant be paid all back pay and allowances due as a result of this correction. __________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) AR20090005809 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090005809 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1