IN THE CASE OF: BOARD DATE: 5 January 2017 DOCKET NUMBER: AR20160007697 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 IN THE CASE OF: BOARD DATE: 5 January 2017 DOCKET NUMBER: AR20160007697 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 he was promoted to chief warrant officer two with a date of rank of 22 August 2015. ___________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: 5 January 2017 DOCKET NUMBER: AR20160007697 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 (DOR) to chief warrant officer two (CW2) from 17 March 2016 to 22 August 2015. 2. The applicant states: * he was a senior major and reverted to warrant officer * the requirement for promotion to CW2 for former commissioned officers is 18 months of successful service * having done so, he should only have only served as a warrant officer one (WO1) for 1 day and promoted to CW2 the following day * his social security number was never given to the promotions branch during the transition process to warrant officer for his promotion to CW2 and it was not noticed until November 2015 * he has been wearing the rank of WO1 since 21 August 2015 due to a clerical error 3. The applicant provides: * Officer Record Brief * DA Form 67-10-2 (Field Grade Plate (O4-O5, CW3-CW5) Officer Evaluation Report) * DA Form 71 (Oath of Office) * promotion orders * excerpt from Army Regulation 600-8-29 (Officer Promotions) CONSIDERATION OF EVIDENCE: 1. Having prior enlisted service in the Regular Army, the applicant was appointed as a second lieutenant on 10 October 2001 with concurrent orders to active duty. 2. On 20 August 2015, he was released from active duty in the rank of major. He was appointed as a WO1 in the Regular Army effective 21 August 2015. 3. On 17 March 2016, he was promoted to CW2. 4. An advisory opinion was obtained from the Chief, Officer Promotions Special Actions, U.S. Army Human Resources Command, in the processing of this case. The U.S. Army Human Resources Command recommends approval of the applicant's request. The opinion stated: a. The applicant's delay of promotion was not due to any fault of his own. b. Army Regulation 600-8-29 allows for commissioned officers who have served at least 18 months on the Active Duty List who are later appointed as WO1 for promotion to CW2 with a DOR and effective date 1 day after appointment as a WO1. Therefore, his CW2 DOR should have been 22 August 2015. c. Title 10, U.S. Code, section 571(a), states appointments to CW2 shall be made by the President of the United States. The appointment authority was delegated to the Secretary of Defense through Executive Order 12396(c). The Secretary of Defense approved the appointment scroll containing the applicant's name on 17 March 2016; he was subsequently promoted with a DOR and effective date of 17 March 2016. d. The reason for the delay in appointment may have included but was not limited to: (1) an initial administrative or system(s) error that did not correctly calculate or recognize him as eligible for scroll appointment, approval, and promotion; (2) the Personnel Suitability Screening Process dictated by Department of Defense Instruction 1320.04, section 3583, and Deputy Chief of Staff/G-1, Standard Operating Procedure; and (3) date approved documents were received by Officer Promotions Special Actions. e. Although his effective promotion date cannot be earlier than 17 March 2016 per Title 10, U.S. Code, section 571(a), Officer Promotions Special Actions recommends correction of his DOR retroactive to his promotion eligibility date of 22 August 2015. The recommendation does not violate Title 10, U.S. Code, section 571(a), and allows his seniority on the Active Duty List per Army Regulation 600-8-29. 5. A copy of the advisory opinion was forwarded to the applicant for comment and/or rebuttal. He did not respond. REFERENCES: Paragraph 3-3 (Rules for Computing Promotion Eligibility Date to CW2) of Army Regulation 600-8-29 states the promotion eligibility date to CW2 will be the second anniversary of total active duty service in the current or any higher grade provided that the officer has served a minimum of 18 months of active duty service as a WO1. Adjust the promotion eligibility date to ensure the officer meets the 18-month active duty requirement if necessary. Active duty service as a commissioned officer before appointment as a warrant officer will also count as active duty service. DISCUSSION: 1. The applicant requests adjustment of his DOR for CW2 to 22 August 2015. 2. The evidence shows he: * served as a commissioned officer on the Active Duty List from 10 October 2001 through 20 August 2015 * was appointed as a WO1 on 21 August 2015 * was promoted to CW2 effective 17 March 2016 with a DOR of 17 March 2016 3. Per Army Regulation 600-8-29 and the advisory opinion, he was eligible for promotion to CW2 the day after his appointment to WO1. The Board may recommend correction of his records to show he was promoted to CW2 with a DOR of 22 August 2015. As noted in the advisory opinion, his effective date of promotion would remain unchanged. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007697 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160007697 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2