IN THE CASE OF: BOARD DATE: 27 August 2020 DOCKET NUMBER: AR20200000362 APPLICANT REQUESTS: Correction of her record to show her date of rank (DOR) of promotion to the rank/grade of chief warrant officer three (CW3) be adjusted to no later than 24 June 2017. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored letter * Proceeding of a Federal Recognition Examining Board * Promotion Orders * Federal Recognition Packet Status * History of Actions * Warrant Officer Promotion Scrolls * Federal Recognition * Pay Difference Calculation FACTS: 1. The applicant, in her application and self-authored letter, states: a. She requests her effective date and date of rank for promotion to CW3 be adjusted to no later than 24 June 2017, which is 30 days prior to the effective date and date of rank of the warrant officers on scroll U07-17 and provides minimal time in grade over the scroll submitted after hers. b. Scroll U07-17 was submitted for approval after Scroll U06-17, which was the applicant's scroll. Scroll U07-17 was approved prior to Scroll U06-17 and published on 24 July 2017. Since Scroll U07-17 was published more than six months prior to Scroll U06-17, there is existence of probable error or injustice in the processing of Scroll U06-17. The delay in question was not a result of an error on her part, her state, or that of the Federal Recognition Section, National Guard Bureau (NGB). c. In accordance with NGR 600-101, paragraph 9-10, an applicant may be examined for promotion not earlier than 120 days in advance of completing the prescribed time in grade requirements as outlined in Chapter 7. On 15 December 2016, she went through the Minnesota Army National Guard (ARNG) Federal Recognition Examining Board and was recommended for promotion to CW3. Joint Force Headquarters - Minnesota, Office of the Adjutant General, published Orders 351-1012, effective 7 February 2017. d. According to the History of Actions taken from the G1 portal, her promotion packet was originally submitted to the Federal Recognition Section, NGB, on 16 December 2016. It was returned for corrections and resubmitted on 19 December 2016. It was processed through the NGB Federal Recognition Section and updated to "pending scroll" on 18 January 2017. She was assigned to Scroll U06-17 and for approximately 12 months it remained at awaiting scrolling. She attached the Federal Recognition Packet Status report, which shows Scroll U06-17 sitting at various offices averaging more than a month and at the Office of the Judge Advocate General for over 150 days and finally at the office of the Director of Army Staff for 58 days. e. Her delay in submission of her application was due to the fact that she was extremely disappointed over the process and intended to retire as a CW3 when she reached 20 years of active Federal service. In September 2019, an Active Guard Reserve opportunity in the Arizona ARNG was brought to her attention. She applied and was selected. With the acceptance and subsequent permanent change of station move, she has a renewed desire to stay in past her 20 years of active federal service and pursue promotion to chief warrant officer four. Approval of her request allows her to stay competitive with her peers and the deficiency within her record. 2. The applicant’s records contain the following documents for the Board's consideration: a. Orders 351-1012, published by Joint Force Headquarters - Minnesota ARNG, dated 16 December 2016 which show she was promoted to CW3 effective 7 February 2017 with a date of rank of 7 February 2017. b. Special Orders Number 22, published by NGB, dated 25 January 2018, which shows her federal recognition for CW3 with an effective date and DOR of 5 January 2018. c. A memorandum from NGB, dated 25 January 2018, which shows her promotion to CW3 with an effective date and DOR of 5 January 2018. d. Orders 247-600, published by Joint Force Headquarters - Arizona, dated 4 September 2019, which shows the applicant was appointed in the Arizona ARNG in the rank of CW3. She was extended temporary Federal recognition which would automatically be terminated on 25 August 2020. e. Orders 249-1080, published by Joint Force Headquarters - Arizona, dated 6 September 2019, which transferred the applicant to the Arizona ARNG effective 25 August 2019. f. Special Orders Number 276, published by NGB, dated 27 September 2019, showing federal recognition of her transfer from the Minnesota ARNG to the Arizona ARNG effective 25 August 2019. 3. The applicant provides the following documents for the Board's consideration: a. An NGB Form 89 (Proceedings of a Federal Recognition Examining Board), dated 1 September 2016 showing the applicant met all qualifications for promotion to CW3 as a human resources officer. b. Her promotion orders, dated 16 December 2016, which were present in the applicant's service records. c. A document entitled Federal Recognition Packet Status, which shows the applicant's packet took 329 days before promotion orders were published on 25 January 2018. d. A document entitled History of Actions Notes from the G1 Portal, which shows the workflow process of the applicant's scroll. e. A document entitled Warrant Officer Promotion Scrolls, which shows Scroll U07-17 was approved on 24 July 2017 while Scroll U06-17 was with the Secretary of the Army. f. The applicant's federal recognition to CW3, which was present in the applicant's service record. g. A self-authored document showing the difference in her pay from 24 June 2017 to her DOR of 5 January 2018. 4. See applicable references below. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that partial relief is warranted. 2. The Board noted that, in a separate case involving a warrant officer on Scroll U06-17, NGB opined that the scroll took longer than the allotted time to process and further opined that the effective date of promotion and DOR for that warrant officer should be changed to 17 July 2017. The Board determined that, as a matter of equity, the applicant's record should be corrected to show the effective date of promotion and her DOR for CW3 is 17 July 2017. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :XXX :XXX :XXX GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show her effective date of promotion and date of rank for chief warrant officer three is 17 July 2017. 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 that pertains to any relief in excess of that described above. 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. ? REFERENCES: 1. NGR 600-101 (Warrant Officers - Federal Recognition and Related Personnel Actions): a. Paragraph 2-2 (Federal Recognition) states Federal Recognition is the process that ensures Officers appointed by individual States meet the qualifications required for service in the Federal Armed Forces. Prior to extending federal recognition, the POTUS, or the Secretary of Defense acting on behalf of the POTUS, must first approve the Reserve Warrant Officer of the Army appointment. b. Paragraph 3-4 (Categories of Personnel Actions Requiring a Federal Recognition Board (FRB) action) states promotions to CW3, CW4 and CW5 require an FRB. c. Table 7-1 (Minimum Time-In-Grade for Promotion) shows for promotion from CW2 to CW3 a member must serve 5 years in the lower grade. d. Paragraph 9 states in order for a warrant officer to be promoted the States’ action must be Federally Recognized. The findings and recommendations will be reported on NGB Form 89. This form will be reviewed and signed by the Senior Regular Army Advisor and forwarded to the State Adjutant General (Directorate of Manpower and Personnel Management to Senate confirmation generally 150 days). 2. The ABCMR may correct an officer's date of rank/effective date of rank when a proper appointment has already occurred. a. Title 10 USC 624 and 741 provide for situations in which properly appointed officers are provided "backdated" dates of rank and effective dates to remedy errors or inequities affecting their promotion. The authority to remedy these errors or inequities is given to the Service Secretaries. b. DODI 1310.01 (23 August 2013) provides that a Service Secretary may "adjust the date of rank of an officer ... appointed to a higher grade ... if the appointment of that officer to the higher grade is delayed by unusual circumstances." c. What constitutes "unusual circumstances" will, generally, be for the Board to determine based on the available evidence, which often includes an advisory opinion. d. There may be cases (specifically correction of constructive credit that affects original appointment grade) where relief is not possible because an appointment to a higher grade has not yet occurred. In those cases, the Board should be advised of the limits of its authority. The Board may also be advised that the applicant can submit a request for reconsideration after he or she has been appointed to a higher grade. 3. Title 10 USC 14308(f), amended as part of the FY19 NDAA (enactment date: 13 August 2018), provides the Secretary of the Army the authority to adjust the effective date of a reserve commissioned officer's promotion where undue delay in the Federal Recognition process has occurred. The FY19 NDAA also specifically states that the effective date of the amendment is the date of the enactment of the FY19 NDAA (i.e., 13 August 2018) "and shall apply with respect to promotions of officers whose State effective date is on or after that date." Therefore, this authority is only valid for promotions on or after 13 August 2018 (i.e., the enactment of the FY19 NDAA)." //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200000362 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1