ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  13 August 2019

	DOCKET NUMBER:  AR20160016469


APPLICANT REQUESTS:  to have his appointment date and date of rank (DOR) 
corrected to read “21 May 2014.”

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	(online) DD Form 149 (Application for Correction of Military Record)
*	Two DD Forms 214 (Certificate of Release or Discharge from Active Duty)
*	DD Form No 256A (Honorable Discharge Certificate)
*	U.S. Army Warrant Officer Candidate Course (WOCC) Certificate
*	DA Form 71 (Oath of Office)
*	Statement of Understanding
*	DA Form 1290 (Reserve Warrant Officer appointment certificate)
*	DA Form 1059 (Service School Academic Evaluation Report)
*	U.S. Army Intelligence School Diploma
*	Texas Army National Guard (TXARNG) Officer Personnel Management (OPM) 
memorandum

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states, in effect,

   a.	Upon completing the Warrant Officer Candidate Course (WOCC) on 21 May 
2014, he submitted his NGB 337 (National Guard Oath of Office) and DA 71 (Oath of 
Office) to his recruiter, who later submitted a request for Initial Appointment to the 
Officer Personnel Management (OPM) office.  A representative from OPM submitted it 
to National Guard Bureau (NGB).  
   
   b.	Administrative errors were found, but corrections were never submitted.  This 
resulted in failure to receive the initial Federal Recognition.  He was notified by OPM of 
the errors on 1 September 2016; however, due to the expired paperwork, his packet 
was required to be re-boarded by a Federal Recognition Board (FRB) which convened 
on 15 September 2016.  He signed another NGB 337 and will receive a Federal 
Recognition that reflects he was appointed to warrant officer one on 15 September 
2016. 

3.  The applicant provides:

   a.	DD Form 214, covering the period of 16 April 2014 to 20 May 2014, reflects he 
was separated from service on temporary records under the provisions of Army 
Regulation (AR) 635-200, paragraph 16-1A, accept commission or warrant in the Army, 
with a characterization of service of honorable.
   
   b.	DD Form No 256A reflects the applicant was honorably discharged as a sergeant 
first class, Reserve of the Army, from the U.S. Army on 20 May 2014.
   
   c.	U.S. Army WOCC certificate reflects he was a graduate of WOCC Class 14-14, 
executed at Fort Rucker, Alabama on 21 May 2014.
   
   d.	DA Form 71 reflects he took the oath of office on 21 May 2014.
   
   e.	Statement of Understanding, dated 21 May 2014, indicates he understood his 
obligation to successfully complete the warrant officer MOS certification within two years 
of the effective date of his appointment.
   
   f.	DA Form 1290, reflects he was appointed as a Reserve Warrant Officer on 21 
May 2014.
   
   g.	DA Form 1059, dated 22 March 2016, indicates he successfully completed the 
Military Intelligence Warrant Officer Basic Course (WOBC).
   
   h.	U.S. Army Intelligence School diploma, reflects he was a graduate of the All 
Source Intelligence Technician WOBC, 4 January 2016 to 22 March 2016.
   
   i.	DD Form 214, for the period of 3 January 2016 to 22 March 2016, reflects he 
was released from active duty training, under the provisions of National Guard 
Regulation (NGR), paragraphs 3-1, 3-6, 6-3, or 6-8, completion of required active 
service, with a characterization of service of honorable.
   
   j.	TXARNG OPM memo, dated 8 September 2016, notified him of administrative 
errors found on his application for initial appointment as a warrant officer (WO1) and the 
requirement for a resubmission of his application in order to grant him federal 
recognition.


4.  A review of the applicant’s service record shows:

   a.	He enlisted in the Army National Guard on 24 January 2001 and was later 
separated from service on temporary records on 20 May 2014, under the provisions of 
AR 635-200, paragraph 16-1A, accept commission or warrant in the Army.
   
   b.	He took the oath of office on 21 May 2014, following his graduation from WOCC.
   
   c.	On 22 March 2016, he completed the All Source Intelligence Technician WOBC.

5.  National Guard Bureau (NGB) advisory opinion, dated 19 June 2019, states:

   a.	The NGB Federal Recognition tracking system shows that the initial federal 
recognition packet was incomplete and returned in 2014; however, the state did not take 
action on the packet until 2016.  The Texas Army National Guard (TXARNG) notified 
the Soldier in September 2016 that his case was returned and that his packet would 
require resubmission.  Due to the lengthy delay in the packet’s correction, the Soldier's 
packet required re-boarding by the NGB Federal Recognition Office.  He was finally 
issued his initial federal recognition on 15 September 2016.
   
   b.	Given the late action taken by the state and the guidelines outlined in AR 135-
100, it is the recommendation of the NGB that the Soldier be granted full relief.  It is also 
recommended that the Soldier's effective date and date of rank be adjusted to the date 
of his temporary federal recognition, 21 May 2014.  Since the delay of this packet was 
no fault of the Soldier this action would be in the best interest of the Soldier.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief 
was warranted.  The applicant’s contentions and the advisory opinion were carefully 
considered.  The advisory shows he had a delay in promotion at not fault of his own.  
The Board agreed to grant relief adjusting the date of rank, the effective date of 
promotion, and with back pay of all wages and entitlements.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

*	his warrant officer one effective date and date of rank as 21 May 2014; and
*	back pay and allowances due as a result of these corrections;
	  
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.



REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 135-100, para 3-26, provides that letters tendering appointments as 
Reserve commissioned or Warrant Officers of the Army are dated when actually issued.  
An exception occurs when an officer is granted Federal recognition based on temporary 
Federal recognition. The appointment will be on the date issued. However, such 
appointments are considered to have been accepted on, and effective from the date of 
such temporary Federal recognition.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20160016469

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