IN THE CASE OF: BOARD DATE: 16 August 2016 DOCKET NUMBER: AR20150013231 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ____x___ ____x ___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 16 August 2016 DOCKET NUMBER: AR20150013231 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 all Department of the Army records of the individual concerned be amended to show her DOR to CW2 as 17 November 2013 and her effective DOR to CW2 as 11 December 2013. 2. The Board further determined 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 in excess of the relief described above. ______________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. IN THE CASE OF: BOARD DATE: 16 August 2016 DOCKET NUMBER: AR20150013231 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 her records to show the date of promotion to chief warrant officer two (CW2) as 17 November 2013 vice 19 September 2014. 2. The applicant states regulatory guidance indicates that a warrant officer one (WO1) is eligible for promotion to CW2 after serving 2 years as long as they have 18 months on active duty as a WO1. Her promotion order initially showed her DOR as 17 November 2013; however, amended orders show her DOR as 19 September 2014. If her DOR is not corrected it could affect her promotion to CW3 and ultimately her retirement and future assignments. The change of her original DOR was due to an administrative or technical error beyond her control. 3. The applicant provides orders, DA Form 71 (Oath of Office), two DA Forms 4037 (Officer Record Brief), and two Defense Finance and Accounting Service Forms 702 (DFAS Military Leave and Earning Statement). CONSIDERATION OF EVIDENCE: 1. After having prior enlisted service in the Regular Army, the applicant was appointed as a Reserve WO1 on 17 November 2011. She executed an oath of office and was ordered to active duty the same day. 2. Order Number 350-001, issued by Headquarters, U.S. Army Human Resources Command, Fort Knox, Kentucky, dated 26 December 2013, as amended by Order Number 173-023 and Order Number 282-507, show she was promoted to CW2 with a DOR of 11 December 2013 and with an effective DOR of 19 September 2014. 3. In an advisory opinion, an HRC official recommended the applicant's DOR be adjusted to 17 November 2013, but that her effective DOR remain 11 December 2013. The opinion stated: a. The promotions branch conducted a review of her application for correction of military records to adjust her CW2 DOR. They reviewed all supporting documentation and determined it was lawful. Her delay of promotion was not due to the applicant’s fault. Army Regulation 600-8-29 (Officer Promotions), in Table 3-3, rule 3, states that in her case she should have been promoted to CW2 on the second anniversary of her most recent date of entry on active duty unless flagged, denied, or proven otherwise ineligible, provided she has served a minimum of 18 months of active duty service as a WO1. She entered on active duty on 17 November 2013; therefore, her CW2 DOR should have been 17 November 2013. b. Title 10, United States Code, Section 624, requires the President of the United States to make appointments to CW2. This authority has been delegated to the Secretary of Defense. The Secretary of Defense approved the appointment scroll for the applicant on 11 December 2013, which is her DOR. c. The reason for the delay in appointment by the Secretary of Defense was due to an initial systems error that did not correctly calculate or recognize her as eligible for scroll appointment. d. Although her effective promotion date cannot be earlier than 11 December 2013, per United States Code, Section 571, the advisory official recommended her DOR be retroactive to her promotion eligibility date of 17 November 2013. Doing this would not violate law, but would enable the applicant to have seniority on the active duty list. 4. The applicant did not provide a response to this advisory opinion. REFERENCES: 1. Army Regulation 600-8-29 (Officer Promotions) prescribes policies and procedures for officer promotions. Table 3-3 shows the promotion effective date to CW2 will be 2 years from the most recent date of entry on active duty, if the WO has served not less than 18 months as a WO1 on the Active Duty List. 2. Title 10, U.S. Code, section 571(b) states appointments in regular WO grades shall be made by commission by the President (as delegated to the Secretary of Defense). DISCUSSION: 1. The evidence confirms the applicant entered active duty as a WO1 on 17 November 2013. Unfortunately, due to no fault of the applicant, the Secretary of Defense did not approve her appointment to CW2 until 11 December 2013. Accordingly, her promotion to CW2 was effective on 11 December 2013, with the same DOR. The governing regulation states the promotion effective date to CW2 will not be earlier than 2 years after entering active duty, or in his case 17 November 2013. 2. The effective date of promotion is established under the authority of the Secretary of Defense and this Board does not have the authority to change that date to an earlier date than the approved scroll date. However, as a matter of equity, it would be appropriate to correct her DOR to CW2 to 17 November 2013; however, her effective DOR will be 11 December 2013. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013231 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013231 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2