ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  25 July 2019

	DOCKET NUMBER:  AR20170003882


APPLICANT REQUESTS:  Exception to Policy (ETP) for Promotion without Warrant Officer Advanced Course (WOAC) that was previously disapproved on 18 October 2012 be approved with effective date the original ETP was requested

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* (Online) DD Form 149 (Application for Correction of Military Record)
* three DA Forms 1059 (Service School Academic Evaluation Report)
* three Electronic correspondence from ATRRS automated service
* U.S. Army Human Resources Command memorandum, dated 18 October 2012
* Memorandum for Record, dated 2 March 2017

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. The U.S. Army Human Resources Command (HRC) memorandum was wrong.  He did not have the ability to attend WOAC and his deployments were the sole cause.  Had he not deployed in 2010 and again in 2012, he would have been able to attend the WOAC.
   
   b. The Airborne training was a reward approved by his commander and the New Jersey National Guard (NJNG) for the successful deployment in 2008 in which he progressed to pilot in command.  As for the aviation courses, the Aviation Maintenance Managers and Leaders Course were scheduled prior to volunteering for the 2010 deployment in 2010.  As part of the aviation warrant officer career progression, one must track either as a maintenance pilot, instructor pilot, safety officer, and or tactical operations officer (TACOPS).  All of these courses are additional mandatory requirements for aviation warrant officers. 
   c. Prior to his MOS switch, he was tracking maintenance.  However, after the MOS switch, it was determined that the aviation courses would be beneficial as a future Contracting Officer Representative (COR).  Therefore, the NJNG allowed him to attend the two previously mentioned courses.  He was only eligible to attend WOAC in July of 2009, His Airborne and aviation courses were completed prior to July 2009.  The fact that he was eligible for the WOAC in July 2009 is not the same as him being available.  
   
   d. The 2010 deployment required a change in MOS from a 153A (UH-60) pilot to 1SSE (fixed wing aviator).  Prior to completing the change, he was required to attend the Army Fixed Wing Multi Engine Course, which started in July of 2009 and ended on 25 September 2009.  The deployment also required that he a gully capable deployable C-12 pilot.  
   
   e. He applied three separate times to attend WOAC; however, all three were disapproved.  Therefore, failing to successfully complete WOAC prior to 2012 was due to no fault of his own.

3.  The applicant provides:

   a. Three DA Forms 1059 (Service School Academic Evaluation Reports), for the periods of service covering 28 April 2009 to 15 May 2009, 18 May 2009 to 15 June 2009, and 5 July 2009 to 2 October 2009.  The applicant successfully completed the requirements of the Aviation Maintenance Leader Course, the Aviation Maintenance Manager Course, and the Fixed Wing Multi Engine Qualification Course.  
   
   b. Three electronic automated ATRRS course responses that read as follows: 
   
* on 15 December 2010, the applicant's application for Course 2-1-C32-RC, Class 001, with the start date of 10 January 2011 and end date of 23 January 2011 was disapproved

* on 21 December 2010, received a "WAIT" (sic) for Course 2-1-C32-RC, Class 002, with the start date of 28 March 2011 and end date of 10 April 2011
* on 25 October 2011, the applicant's application for Course 2-1-C32-RC, Class 001, with the start date of 25 October 2011 and end date of 9 December 2011 was disapproved
   
   c. National Guard Bureau memorandum, dated 18 October 2012, Subject:  ETP for promotion without WOAC, reflects the applicant's request for an extension to allow him additional time to complete WOAC was disapproved.  Disapproval was based on the fact that the applicant attended several residence courses before deploying in January 2010.  Further stating his deployments were a factor in his inability to complete his required minimum military education requirements, but were not the sole contributing factor.
   
   d. Memorandum for Record, dated 2 March 2017, written by the Commander, Detachment 19 Operational Support Airlift-Activity, recommending that the applicant's promotion reflect the date of the initial ETP for promotion.  Further stating, had the applicant not transferred to the unit to fill a critical shortage, the unit would not have deployed with the requisite aviators.  In addition, one of the three courses the applicant completed (Fixed Wing Multi Engine Course) was a requirement in order to change his MOS and deploy with the unit. 

4.  A review of the applicant's service records shows:

   a. The applicant enlisted in the Army National Guard on 21 July 2003, as a prior service member having no remaining statutory military service obligation.  He held the military occupational specialty 67R (Attack Helicopter Repairer).
   
   b. Headquarters U.S. Army Resources Command memorandum, dated 8 September 2004, appointed the applicant as a Reserve Warrant Officer of the Army, with an effective date of 22 July 2004, under the provisions of Title 10, U.S. Code, Section 3351(b).  
   
   c. He was promoted in the Reserve of the Army to Chief Warrant Officer Two (CW2), effective 22 July 2006.  
   
   d. He attended and successfully completed the Aviation Maintenance Leader Course from 28 April 2009 to 15 May 2009, the Aviation Maintenance Manager Course from 18 May 2009 to 15 June 2009, and the Fixed Wing Multi Engine Qualification Course from 5 July 2009 to 2 October 2009.
   
   e. He was mobilized in support of Operation Enduring Freedom on 13 January 2010 for 400 days and again on 22 February 2012 for 320 days.
   
   f. National Guard Bureau memorandum, dated 18 October 2012, disapproved the applicant's request for an extension to allow him additional time to complete WOAC.  (see paragraph 3c)
   g. He was promoted to Chief Warrant Officer Three (CW3), effective 15 November 2013, with a date of rank 15 December 2013.

   h. He was mobilized in support of Operational Freedom's Sentinel on 11 November 2016 for 271 days.

5.  National Guard Regulation (NGR) 600-101 (Warrant Officers Federal Recognition and Related Personnel Actions), Chapter 7, provides that the promotion of Warrant Officers in the Army National Guard (ARNG) is a function of the State.  To be extended Federal Recognition in the higher grade the officer must satisfy the requirements prescribed herein.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  The Board found that the applicant did try to attend WOAC school but was turned down; probably because at the time he was a lower priority to the course than others requiring the same training.  No Soldier gets to pick the specific course they will attend; it’s based upon availability and priority.  However, when he was offered to attend, he failed to do so.  Because WOAC is a condition for promotion to CW3 and the applicant failed to attend in the timeframe required, the Board concluded there was insufficient evidence to show that an ETP was warranted.  For that reason, the Board recommended denying the applicant’s requested relief.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
	 
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 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.  National Guard Regulation (NGR) 600-101 (Warrant Officers Federal Recognition and Related Personnel Actions), Chapter 7, provides that the promotion of Warrant Officers in the Army National Guard (ARNG) is a function of the State.  As in original appointments, a Warrant Officer promoted by State authority has a State status in which to function in the higher grade.  However, to be extended Federal Recognition in the higher grade the officer must satisfy the requirements prescribed herein.  It also provides the following:

	a.  Paragraph 7-1a, promotions will be based on Department of the Army (DA) Military Occupational Specialty (MOS) Proponent duty MOS certification upon satisfactory completion or constructive credit of appropriate level of military education.

	b.  Paragraph 7-7a(4), to be considered for Federal Recognition and concurrent Reserve of the Army promotion following a State promotion to fill a unit vacancy, an ARNG Warrant Officer must have completed the minimum military education requirements prescribed in table 7-2.

	c.  Table 7-2 reflects, for promotion to CW3 (Chief Warrant Officer, Three), military education requirement is Warrant Officer Advanced Course (WOAC).  Time in current grade requirement for course enrollment being 2-years minimum as CW2, noting that the states retain the authority to waiver time in grade for enrollment of required Warrant Officer Education System (WOES).

	d.  Paragraph 7-11 states, Mobilized Warrant Officers, regardless of the units to which they are assigned while mobilized, may be promoted against vacant positions within their respective States provided they are eligible and fully qualified as outlined in NGR 600-101 .



ABCMR Record of Proceedings (cont)	 AR20170003882


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