BOARD DATE: 1 August 2017 DOCKET NUMBER: AR20160015291 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: 1 August 2017 DOCKET NUMBER: AR20160015291 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 adjusting his date of rank to chief warrant officer two to 13 August 2016. _____________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: 1 August 2017 DOCKET NUMBER: AR20160015291 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) for chief warrant officer two (CW2) to 13 August 2016. 2. The applicant states: a. He served as a commissioned officer in the Regular Army. He submitted an unqualified resignation which was effective 11 August 2016 in order to attend Warrant Officer Flight Training School. He was appointed as a warrant officer  one (WO1) on 12 August 2016 without a break in service. b. After contacting the U.S. Army Human Resources Command (HRC) multiple times, he was told his name had been submitted for scrolling to CW2 in July, but that the process can take up to 180 days. c. He requests adjustment of his DOR to CW2 based on constructive service credit for his 7 years of commissioned service in the Regular Army. This is a common operating procedure for commissioned active duty officers who undergo reversion to warrant officer on active duty. 3. The applicant provides: * Orders 166-0033 issued by U.S. Army Garrison, Aberdeen Proving Ground, MD, on 14 June 2016 * Orders A-06-601762 issued by HRC on 15 June 2016 * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 11 August 2016 * DA Form 71 (Oath of Office – Military Personnel), dated 12 August 2016 CONSIDERATION OF EVIDENCE: 1. The applicant was commissioned as a Regular Army officer on 23 May 2009. He entered active duty on 6 June 2009 in the infantry branch. 2. Orders 174-0002 issued by U.S. Army Garrison, Aberdeen Proving Ground, show the applicant was released from active duty on 11 August 2016 under the provisions of Army Regulation 600-8-24 (Officer Transfers and Discharges). 3. On 11 August 2016, the applicant was honorably released from the Regular Army in the rank of captain and transferred to the U.S. Army Reserve Control Group (Individual Ready Reserve). The DD Form 214 he was issued confirms he was released from active duty under the provisions of Army Regulation  600-8-24, paragraph 2-7, for completion of required active service. He completed 7 years, 2 months, and 6 days of net active service. 4. On 12 August 2016, the applicant was appointed as a Reserve WO1. 5. Orders 166-0033 issued by U.S. Army Garrison, Aberdeen Proving Ground, provided instructions for the applicant's permanent change of station to Fort Rucker, AL, to attend the Aviation Warrant Officer Basic Course. His projected reporting date was 1 September 2016. 6. Orders A-06-601762 issued by HRC ordered the applicant to active duty in an indefinite status as a WO1 effective 1 September 2016. He was directed to proceed to Fort Rucker, AL, for schooling. An amendment to these orders was published showing his date of rank – Reserve (DORRES) was corrected to show 12 August 2016 vice 1 September 2016. 7. The applicant was promoted to CW2 with a DOR and effective date (for pay and allowances) of 26 October 2016 by Orders 326-0101 issued by HRC. 8. In the processing of this case, an advisory opinion was obtained on 7 March 2017 from the Chief, Officer Promotions and Special Actions, HRC, who was asked to determine if the applicant's DOR should be corrected. The advisory official noted and opined: a. Based on a review of the applicant's records, HRC found that his request to adjust his CW2 DOR has merit. b. The unusual delay was not the fault of the applicant. Army Regulation  600-8-29 (Officer Promotions) allows for commissioned officers who have served at least 18 months on the Active Duty List, who are later appointed as a WO1, promotion to CW2 with a DOR and effective date 1 day after their WO1 appointment based on active duty service credit. Based on this regulatory guidance, the applicant's CW2 DOR should be adjusted to 13 August 2016. c. Title 10, U.S. Code, section 571, 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 applicant was subsequently promoted with a DOR and effective date of 26 October 2016 based on an approved appointment scroll by the Secretary of Defense. d. HRC recommends adjusting his CW2 DOR and effective date retroactive to his promotion eligibility date of 13 August 2016 in accordance with Army Regulation 600-8-29, paragraph 3-3. Approval of this recommendation does not violate law and allows for the applicant's seniority on the Active Duty List. 10. The applicant was provided a copy of this advisory opinion on 16 March 2017 for an opportunity to comment and/or submit a rebuttal. He did not respond. REFERENCES: 1. Army Regulation 600-8-29 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 warrant officer has served not less than 18 months as a WO1 on the Active Duty List. Active duty service as a commissioned officer before appointment as a warrant officer will also count as active duty service credit. 2. Title 10, U.S. Code, section 571(b), states appointments in Regular warrant officer grades shall be made by commission by the President (as delegated to the Secretary of Defense). DISCUSSION: 1. The applicant's contends his CW2 DOR and effective date (for pay and allowances) should be adjusted to 13 August 2016, the day after he accepted a warrant officer appointment based on active duty service credit as a commissioned officer in the Regular Army. 2. The applicant served as a commissioned officer in the Regular Army from 6 June 2009 through 11August 2016, completing over 7 years of active Federal service. He accepted an appointment as a WO1 on 12 August 2016. 3. HRC promoted him to CW2 with a DOR and effective date of 26 October 2016. 4. HRC opines the applicant's DOR and effective date (for pay and allowances) should be corrected because officials did not award him active duty service credit for his prior active duty commissioned service upon his initial appointment as a warrant officer. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004548 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160015291 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2