BOARD DATE: 24 May 2016 DOCKET NUMBER: AR20150014042 BOARD VOTE: ___x______ ___x____ __x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 24 May 2016 DOCKET NUMBER: AR20150014042 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 DOR to CW2 as 4 April 2014 with an effective date of 19 September 2014. __________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. BOARD DATE: 24 May 2016 DOCKET NUMBER: AR20150014042 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 records to show the effective date of his promotion to chief warrant officer two (CW2) as 4 April 2014 vice 18 September 2014. 2. He states, in effect, that he met the requirement for promotion to CW2 effective 4 April 2014; however, on 14 March 2014, he found out that he was not on the official promotion list with his peers. His personnel office contacted the U.S. Army Human Resources Command (HRC) and they subsequently published separate orders promoting him to CW2. HRC notified him in June 2014 that his promotion orders were published prior to approval by the Secretary of the Army; therefore, the orders were not valid. At that point, the Pentagon conducted a situational review and in July 2015, he received amended orders showing the effective date of his promotion to CW2 as 19 September 2014. 3. The applicant provides: * Officer Record Brief * Order Number 083-002, dated 24 March 2014 * Order Number 195-002, dated 14 July 2015 * email correspondence, for the period 10-30 July 2015 CONSIDERATION OF EVIDENCE: 1. The applicant was appointed as a Reserve warrant officer one (WO1) on 4 April 2012. 2. He provides: * Order Number 083-002, dated 24 March 2014, promoting him to CW2 with a DOR and effective date of 4 April 2014 * Order Number 195-002, dated 14 July 2015, amending the above order changing his DOR and effective date to 19 September 2014 3. The Chief, Officer Promotions, HRC, provides an advisory opinion, dated 23 October 2015, recommending partial approval of the applicant’s request. This official also states: a. Promotion/appointment delays have vastly increased Army wide due (but not limited) to incorrect basic dates of appointment, incorrect appointment dates of rank, and additional in-depth records screening requirements for all officers and Warrant Officers regardless of rank, any of which can lead to slow scroll approvals. The Secretary of Defense approved the appointment scroll containing the applicant’s name on 19 September 2014. b. HRC presumes the applicant has occupied the office and performed his duties in good faith, unaware that his initial promotion appointment orders were not in compliance. Although his promotion effective date cannot be earlier than 19 September 2014, HRC recommends reinstatement of his DOR to 4 April 2014. 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 applicant requests correction of his records to show the effective date of his promotion to CW2 as 4 April 2014. 2. The evidence of record confirms the applicant entered active duty as a WO1 on 4 April 2012. Unfortunately, due to no fault of the applicant, the Secretary of Defense did not approve his appointment scroll to CW2 until 19 September 2014. Accordingly, his promotion to CW2 was effective on 19 September 2014, with the same date of rank. 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 4 April 2014. 3. 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 his DOR to CW2 to 4 April 2014. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014042 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014042 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2