BOARD DATE: 2 March 2017 DOCKET NUMBER: AR20160007373 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: 2 March 2017 DOCKET NUMBER: AR20160007373 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 changing his CW2 date of rank to 11 December 2012. _____________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: 2 March 2017 DOCKET NUMBER: AR20160007373 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 date of rank and effective date as a chief warrant officer two (CW2) to 27 February 2011 with pay entitlements. 2. The applicant states he was eligible for promotion to CW2 on 27 October 2011 and subsequently promoted by official orders. He served for nearly 5 years in that rank and then was informed it was administratively incorrect because his name had not been properly scrolled by the Secretary of Defense. When his name was administratively scrolled, he received a new date of rank of 19 September 2014. He states he was not aware of the administrative error and it is not due to his fault. His correct date of rank or eligibility for promotion consideration to CW2 is 27 February 2011. 3. The applicant provides: * DA Form 1506 (Statement of Service-for Computation of Length of Service for Pay Purposes) [showing only warrant officer (WO) service]. * DA Form 1506 (Statement of Service-for Computation of Length of Service for Pay Purposes) [showing both enlisted and WO service]. * Oath of Office as a WO1, dated 29 October 2008 * National Guard Bureau (NGB) Special Order 283 AR, dated 06 November 2008, Federal recognition as WO1, effective 29 October 2008 * DA Form 1059 (Service School Academic Evaluation Report ), dated 26 March 2009 * Orders to active duty as member of a Reserve Component Unit, effective 25 April 2009 * Orders to active duty to fulfill Active Duty Requirement in a Voluntary Indefinite Status, report date 3 January 2011 * Promotion Orders to CW2, dated 25 February 2011 * Amended Promotion Order to CW2, dated 25 May 2016 CONSIDERATION OF EVIDENCE: 1. The applicant served in the Regular Army for 4 years, then on inactive and active duty as an enlisted member of the Army National Guard (ARNG). He was appointed a WO1 in the ARNG of North Carolina and took the oath of office on 29 October 2008. He was extended Federal recognition effective that date. 2. Between 8 December 2008 and 26 March 2009 he attended and successfully completed the WO Basic Course for Unit Maintenance Officers. 3. Effective 25 April 2009 the applicant was ordered to active duty as a member of his ARNG unit. A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was released from active duty on 15 May 2010. He had completed 1 year and 15 days of active duty. His effective date of pay grade for WO1 is shown as 29 October 2008. 4. On 2 January 2011 he was discharged from the ARNG and transferred to the USAR. He receive an NGB Form 22 (National Guard Bureau (NGB) – Report of Separation and Record of Service) showing his rank and pay grade as WO1 with a date of rank of 29 October 2008. He was then ordered to indefinite active duty to fulfill an active duty requirement commencing 3 January 2011. His active duty orders show his rank at WO1 with a date of rank of 29 October 2008. 5. Order Number 056-002 issued by U.S. Army, Human Resources Command (HRC) on 25 February 2011 promoted the applicant to CW2 with a date of rank and an effective date of 27 February 2011. 6. Order Number 085-601 issued by HRC on 25 March 2016 amended Order Number 056-002 effectively changing his date of rank and effective date to 19 September 2014 from 27 February 2011. This orders states, "Officer erroneously promoted without appointment approval by administrative error." His name had not been on an earlier approved scroll by the Secretary of Defense. 6. During the processing of this case the HRC provided an advisory opinion stating there is merit to the applicant’s request. a. The applicant's promotion eligibility date (PED) for CW2 should have been 11 December 2012 based upon his time on active duty. b. The Secretary of Defense has been delegated the authority to appoint CW2s. The scroll bearing the applicant name was signed by the Secretary of Defense on 19 September 2014, which became the effective date of his promotion. [This resulted in the previous promotion order being rescinded because it should never have been published]. Several unknown reasons could account for the applicant's name not being scrolled earlier. 7. The advisory opinion was forwarded to the applicant for his consideration and/or comment. He did not respond. REFERENCES: 1. Executive Order 12396 (Defense Officer Personnel Management) delegated certain functions concerning the appointment, promotion, and retirement of commissioned officers of the Armed Forces, by the authority vested in the President of the United States. The Secretary of Defense is designated to perform, without approval, ratification, or other action by the President, several functions vested in the President, including the authority vested in the President by Section 624(c) of Title 10 of the U.S. Code, to appoint officers in the grades of first lieutenant and captain in the Army, Air Force, and Marine Corps or in the grades of lieutenant (junior grade) and lieutenant in the Navy. 2. Army Regulation 600-8-29 (Officer Promotions) Table 3-3 provides a six-step process to determine the PED for a CW2 as follows: * Determine most recent date of entry on active duty; then add 2 years to this date * Determine if WO1 has active duty service as a WO1 or higher grade prior to most current entry on active duty. If yes, adjust PED to account for that service. Total service as a WO1 on the active duty list (ADL) must be at least 18 months * Determine the adjusted DOR for WO1 * Add 2 years to adjusted DOR * Adjust date, if necessary, to ensure warrant officer has served not less than 18 months on the ADL as a WO1 * Select the earlier date [at steps 3 or 6] for the CW2 PED DISCUSSION: 1. The applicant requests adjustment of his DOR and effective date as a CW2 to 27 November 2011, the date he was first promoted by HRC promotion orders. 2. The evidence shows HRC erroneously promoted the applicant to CW2 in 2011. The Secretary of Defense had not approved a scroll with his name on it at that time. The evidence shows: * on 3 January he entered active duty as a USAR WO1 with credit for 1 year and 15 days of active duty service * he needed to serve a total of 2 years on active duty prior to promotion consideration to CW2 * HRC established the applicant's PED as 11 December 2012 * the Secretary of Defense approved the appointment scroll containing his name on 19 September 2014 * he was promoted to CW2 effective 19 September 2014 with a DOR of 19 September 2014 * the delay of his promotion was not due to any fault of his own 3. The applicant's date of rank should be corrected. 4. As noted in the HRC advisory opinion, the effective date of promotion is the result of executive action delegated to and performed by the Secretary of Defense. The Army Board for Correction of Military Records does not have the authority to change the effective date of promotion; however, it can adjust his date of rank so he can remain competitive with his peers. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007373 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160007373 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2