IN THE CASE OF: BOARD DATE: 26 January 2012 DOCKET NUMBER: AR20110008012 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 her date of rank (DOR) for appointment to the rank of chief warrant officer two (CW2) be changed to 14 August 2007. 2. The applicant states that she served in pay grade E-7 before she completed the Warrant Officer Basic Course (WOBC) and she should have been appointed as a CW2 on 14 August 2007; however, her Federal recognition was not approved until 18 September 2007. Accordingly, she desires to have her DOR adjusted to 14 August 2007. 3. The applicant provides a copy of: * orders promoting her to the pay grade of E-7 on 1 January 2004 * orders appointing her to the rank of warrant officer one (WO1), effective 20 March 2007 * her DA Form 1059 (Service School Academic Evaluation Report) for completion of WOBC on 3 July 2007 * National Guard Bureau (NGB) Memorandum #07-026 CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Oregon Army National Guard (ORARNG) on 19 July 1991. She completed one-station unit training as a unit supply specialist at Fort Jackson, South Carolina and remained in the ORARNG through continuous reenlistments. She was promoted to the pay grade of E-7 on 1 January 2004. 3. On 19 March 2007, she was honorably discharged from the ORARNG. On 20 March 2007, she was appointed as a WO1. 4. On 3 July 2007, she completed WOBC at Fort Lee, Virginia. 5. On 14 August 2007, NGB Memorandum #07-026 was published which indicates that individuals could be appointed to the rank of CW2 if they had completed 2 years time in grade as an E-7 and had completed warrant officer candidate school or had been certified by the Department of the Army Military Occupational Specialty proponent. 6. In the processing of this case a staff advisory opinion was obtained from the NGB, Chief, Policy and Personnel Division which recommends approval of the applicant’s request to change her DOR to 14 August 2007 because it was the intent of the ORARNG to make her effective date of appointment to CW2 as 14 August 2007. The advisory opinion was provided to the applicant for comment and to date no response has been received by the staff of the Board. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention has been considered and appears to have merit. The applicant was serving in the pay grade of E-7 at the time she was appointed and she had served 3 years in that grade before she was appointed to the rank of WO1 on 20 March 2007. 2. However, subsequent to her appointment a memorandum was released from the NGB which authorized appointment to the rank of CW2 for individuals having 2 years time in grade as an E-7, which the applicant met. Accordingly, individuals who were the applicant’s peers and who were appointed as warrant officers immediately outranked the applicant because of the policy change. 3. Therefore, since the applicant met the requirements for appointment as a CW2 after the policy changed, her records should be corrected to show that she was promoted to the rank of CW2, effective 14 August 2007, with entitlement to all back pay and allowances. 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 Department of the Army records of the individual concerned be corrected by: * showing she was promoted to and granted Federal recognition in the rank of CW2, effective and with a date of rank of 14 August 2007, with entitlement to all back pay and allowances * granting her promotion consideration by all boards that she should have based on the above 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) AR20110008012 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110008012 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1