IN THE CASE OF: BOARD DATE: 21 August 2012 DOCKET NUMBER: AR20120001749 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 his date of rank be changed from 2 December 2011 to 21 October 2011. 2. The applicant states that his promotion was delayed because the law changed and new procedures had to be developed. He is requesting that the effective date be changed to the date the Federal Recognition Board originally approved his case. 3. The applicant provides, in support of his request, copies of National Guard Bureau (NGB) Form 89 (Proceedings of a Federal Examining Board), dated 17 August 2011; Montana Joint National Guard promotion orders; and NGB orders. CONSIDERATION OF EVIDENCE: 1. The applicant, a Montana Army National Guard (ARNG) warrant officer one (WO1), was found qualified for temporary Federal recognition in the next higher grade by a Montana Federal Recognition Board on 15 August 2011. 2. He was promoted to chief warrant officer two (CW2) with a date of rank of 21 October 2011 by Orders 230-003 published by Joint Force Headquarters-Montana on 18 August 2011. 3. NGB Special Orders 318 AR, dated 13 December 2011, announced the extension of the applicant's Federal recognition in the grade of chief warrant officer two, effective 2 December 2011. 4. National Guard Regulation 600-101, chapter 7, provides for promotion of warrant officers. It states, in pertinent part, that the promotion of officers in the ARNG is a function of the State, and as in original appointments, a commissioned officer promoted by State authorities has a State status in the higher grade under which to function. However, to be extended Federal recognition in the higher grade, the officer must have satisfied the promotion requirements. Chapter 7 of this regulation states a warrant officer must complete the required minimum years of promotion service prior to being considered for promotion and Federal recognition in the higher grade. Promotion from WO1 to WO2 requires a minimum of 2 years time in grade. 5. NGB Policy Memorandum 11-015, dated 14 June 2011, states that ARNG WOs are initially appointed and are also promoted by the State or Territory to which the officer is assigned. The Chief, NGB, reviews and approves those actions. However, Title 10, U.S. Code, sections 571b and 12241b introduced a requirement that all ARNG WO appointments and promotions be made by the President of the United States. As a result, effective 7 January 2011, all such appointments and promotions will be issued by the President (delegated to the Secretary of Defense). Requests for appointment will be staffed through the Department of the Army, Deputy Chief of Staff, G-1. This requirement may add 90 days or more to the process for approval for appointments or promotions to be completed. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his date of rank as a CW2 should be 21 October 2011. 2. The Montana Army National Guard extended temporary Federal recognition to him in the higher grade on that date. 3. However the procedures had changed. The authority for the Service Secretaries to promote and appoint military officers had been rescinded. It resided in the Secretary of Defense. Furthermore, any such appointments not completed by 7 January 2011 had to be referred to the Secretary of Defense. 4. The effective date of applicant's FEDREC was properly established as 2 December 2011 when his promotion was scrolled and submitted to and signed by the Secretary of Defense. 5. In view of the above, the applicant's request should be denied. BOARD VOTE: ________ ________ ________ 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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ 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) AR20120001749 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120001749 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1