BOARD DATE: 9 August 2011 DOCKET NUMBER: AR20100029365 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 date of rank (DOR) for appointment to Warrant Officer One (WO1) to 20 September 2008 and his DOR for promotion to Chief Warrant Officer Two (CW2) to 7 May 2010. 2. The applicant states that as a former E-8 he should have been appointed as a WO1 upon completion of the Warrant Officer Candidate School (WOCS) on 20 September 2008 and to the rank of CW2 upon completion of the Warrant Officer Basic Course (WOBC) on 7 May 2010. However, through no fault of his own, his Federal Recognition was delayed which resulted in him receiving a DOR as a WO1 of 11 August 2010 and a DOR as a CW2 of 12 August 2010. 3. The applicant provides: * His WOCS diploma, dated 20 September 2008 * His WOBC DA Form 1059 (Service School Academic Evaluation Report), dated 5 May 2010 * A National Guard Bureau (NGB) 337 (Oaths of Office), dated 20 September 2008 * NGB Special Orders Number 204 AR, dated 20 September 2010 * NGB Special Orders Number 214 AR, dated 30 September 2010 CONSIDERATION OF EVIDENCE: 1. The applicant was serving in the Texas Army National Guard (TXARNG) when he was promoted to the pay grade of E-8 on 14 February 2006. 2. On 20 September 2008, he completed the WOCS at Fort McClellan, AL and took his oath of office as a WO1 in the TXARNG. 3. On 7 May 2010, he completed the WOBC for Electronic Systems Maintenance Technicians at Fort Gordon, GA. 4. NGB Special Orders Number 204 AR, dated 20 September 2010, granted the applicant Federal Recognition for his initial appointment as a WO1, effective 11 August 2010. 5. NGB Special Orders Number 214 AR, dated 30 September 2010, granted the applicant Federal Recognition for promotion to CW2, effective 12 August 2010. 6. In the processing of this case a staff advisory opinion was obtained from the NGB. The advisory official stated the applicant‘s request should be approved and that his Federal Recognition orders should be amended to show he was appointed as a WO1 on 20 September 2008 and that he was promoted to CW2 effective 7 May 2010 with entitlement to all back pay and allowances. 7. On 6 July 2011, the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. He did not respond. 8. National Guard Regulation (NGR) 600-101 (Warrant Officers - Federal Recognition and Related Personnel Actions) provides that the effective date of Federal Recognition for original appointment is the date on which the warrant officer executes the oath of office in the State. 9. National Guard Regulation 600-101 also provides that enlisted Soldiers in the grades of E-8 and E-9 who serve a minimum of 2 consecutive years in grade may be appointed to the rank of CW2 after completion of the WOCS and WOBC. DISCUSSION AND CONCLUSIONS: 1. The applicant executed his original NGB 337 as a WO1 on 20 September 2008 upon completion of WOCS. He subsequently completed WOBC on 7 May 2010. For reasons that are not apparent in the available record, his application for permanent Federal Recognition was not forwarded to the appropriate authorities for final action in a timely manner. 2. As a result of the unexplained delay, the applicant was granted Federal Recognition as a WO1 effective 11 August 2010 and as a CW2 effective 12 August 2010. 3. Had the application for permanent Federal Recognition been properly and timely processed, the applicant's date of rank for WO1 would have been 20 September 2008 and he would have been promoted to CW2, effective 7 May 2010, when he completed WOBC. 4. Accordingly, it would be in the interest of justice at this time to correct the applicant's record by showing that he was granted permanent Federal Recognition in the rank of WO1 effective 20 September 2008 and in the rank of CW2 effective 7 May 2010, with entitlement to all back pay and allowances as a result of this change. 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 the state Army National Guard records and the Department of the Army records of the individual concerned be corrected by: a. amending NGB Special Orders Number 204 AR, dated 20 September 2010 to show he was granted permanent Federal Recognition in the rank of WO1 effective 20 September 2008; b. amending NGB Special Orders Number 214 AR, dated 30 September 2010 to show he was granted permanent Federal Recognition for the purpose of promotion to CW2 effective 7 May 2010; and c. paying him all back pay and allowances as a result of these corrections. _________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) AR20100029365 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100029365 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1