IN THE CASE OF: BOARD DATE: 5 January 2016 DOCKET NUMBER: AR20150012187 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 Federal recognition effective date of promotion to chief warrant officer four (CW4) from 11 June 2015 to a date commensurate with National Guard Bureau (NGB) scroll U25-14. 2. The applicant states that: a. His promotion packet was submitted to the NGB from his state on 25 July 2014. NGB processed the packet on 7 August 2014, but it did not add the packet to a scroll until December 2014. His packet should have been added to NGB scroll U25-14 that was created in September 2014. b. He requests his date of rank (DOR) be adjusted to reflect what his DOR would have been if his promotion packet had been on the NGB scroll U25-14 as it should have been, if not for the administrative delay. 3. The applicant provides copies of – * email notes regarding his promotion to CW4 * his Federal recognition promotion orders CONSIDERATION OF EVIDENCE: 1. Following prior service in the Regular Army, the applicant was appointed as a chief warrant officer two (CW2) in the Idaho Army National Guard (IDARNG) on 19 April 2008. He was promoted to chief warrant officer three (CW3) on 1 October 2009. 2. Orders 206-038, State of Idaho, Military Division, dated 25 July 2014, show he was promoted to CW4 effective 1 October 2014. 3. NGB memorandum, Subject: Promotion as a Reserve Commissioned Warrant Officer of the Army, dated 16 June 2015, shows he was promoted to CW4 in the Reserve of the Army for service in the Army National Guard of the United States (ARGNUS) effective 11 June 2015. 4. Special Orders Number 122 AR, Departments of the Army and the Air Force NGB, dated 16 June 2015, show he was granted CW4 Federal recognition effective 11 June 2015 with a DOR of the same date. 5. In support of his application the applicant provides email notes regarding the NGB’s processing of his CW4 promotion packet. An NGB official states that the applicant's promotion packet was received on 23 July 2014 and processed on 7 August 2014. The packet was forwarded for scrolling but there was a glitch in the electronic system. His packet should have been scrolled on the U25-14 in September 2014. 6. In the processing of this case, an advisory opinion was obtained from the Deputy Chief, Personnel Policy Division, NGB, Arlington, VA. a. The advisory official recommends approval of the applicant's request to have his CW4 DOR adjusted to 23 December 2014. b. The official states that the applicant received endorsement from the IDARNG on 7 July 2014 and was boarded for Federal recognition on 24 July 2014. State promotion orders were effective 1 October 2014 and the applicant was promoted with Federal recognition on 11 June 2015. c. The IDARNG provided information supporting the applicant's request. IDARNG believes the error was due to the changeover from Guard Knowledge Online to eTRACKER causing the loss of the promotion packet. The IDARNG intended to promote the applicant in a timely manner and the error was in no way his fault. d. The recommendation states to correct his DOR to 23 December 2014, to account for normal processing time. Had the promotion packet been processed promptly, the promotion would have been included in scroll U25-14 in September 2014 and Federal recognition would have been published effective 23 December 2014. 7. On 2 November 2015, the applicant was provided a copy of the advisory opinion to allow him the opportunity to submit comments or a rebuttal. A response was not received. 8. National Guard Regulation 600-100 (Commissioned Officers – Federal Recognition and Related Matters) provides procedures for processing all applications for Federal recognition. 9. Tile 10, USC, section 12241, as amended, provides that appointments made in a permanent reserve grade of a chief warrant officer shall be made in the same manner as prescribed for regular warrant officer grades by Title 10, U.S. Code, section 571(b). This provision states appointment in the grade of regular warrant officer grades shall be made by the President. This authority has been delegated to the Secretary of Defense. 10. Title 10, U.S. Code, section 14308(f) states the effective date of a promotion of a Reserve commissioned officer in the Army who is extended Federal recognition in the next higher grade in the ARNG shall be the date in which such Federal recognition in that grade is so extended. 11. Due to changes implemented by Office of the Secretary of Defense, Office of the Under Secretary of Defense for Personnel Readiness (Officer and Enlisted Personnel Management), and Headquarters, Department of the Army (HQDA), on 12 March 2015, promotion recommendations have had significantly longer processing timelines through Calendar Year (CY) 2015. This was due to the promotion packets having to go through the scrolling process. DISCUSSION AND CONCLUSIONS: 1. The applicant requests adjustment of his Federal recognition promotion date to CW4 from 11 June 2015 to a date commensurate with NGB scroll U25-14. 2. The evidence of record shows the applicant's CW4 promotion packet was boarded for Federal recognition on 24 July 2014. State promotion orders were effective 1 October 2014. He was promoted to CW4 with Federal recognition on 11 June 2015. 3. Information from the IDARNG shows an error occurred due to the changeover from Guard Knowledge Online to eTRACKER causing the loss of his promotion packet. The IDARNG intended to timely promote the applicant. 4. The NGB and the IDARNG recommend the applicant's CW4 DOR be adjusted to 23 December 2014. However, the Federal recognition effective date for promotion to CW4 cannot be modified because that would effectively amend the Secretary of Defense's action, which is beyond the authority of the NGB and the ABCMR. 5. In view of the foregoing and as a matter of equity, it would be appropriate to correct the applicant's records to show he was promoted to CW4 in the ARNGUS and IDARNG with a DOR of 23 December 2014. However, in this case, this correction does not extend to the effective date of the applicant's promotion to CW4. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X___ ____X___ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army and Army National Guard records of the individual concerned be corrected by showing he was promoted to the rank/grade of CW4 with a date of rank of 23 December 2014. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing the effective date of his promotion to CW4. _______ _ _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) AR20150012837 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150012187 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1