IN THE CASE OF: BOARD DATE: 3 August 2021 DOCKET NUMBER: AR20210006860 APPLICANT REQUESTS: in effect, * adjustment of his date of appointment as a warrant officer one (WO1) from 25 February 2020 to 7 August 2019 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Army Training Requirements and Resources System (ATRRS) Self-Development Center screenshot * U.S. Army Warrant Officer Career College training certificate of completion for Warrant Officer Candidate School (WOCS) * DA Form 1559 (Inspector General (IG) Action Request) * U.S. Army IG Agency letter, dated 8 January 2020 * U.S. Army Installation Management Command Memorandum, dated 25 February 2020, Subject: Appointment as a Reserve Warrant Officer of the Army under Section 12241, Title * U.S. Army Installation Management Command Orders Number 219-377-A-1115 * Region I, 650th Military Intelligence (MI) Group Memorandum, dated 10 July 2020, Subject: Correction of Warrant Officer Appointment Date: Applicant * Applicant's e-mail traffic FACTS: 1. The applicant states that he requests that his date of appointment to WO1 be adjusted to 7 August 2019, the date of graduation from WOCS. The applicant was informed by the Warrant Officer Accessions Program Manager (WOAPM) that the scroll packet for his appointment to WO1 was misrouted due to confusion with the proper processing procedures. This issue caused the scroll to be approved after graduation from WOCS. The WOAPM advised the applicant to enlist the assistance from his chain of command, Department of the Army IG, and his Congressman. The applicant was advised by the IG that he needed to file an application with the Army Board for Correction of Military Records. 2. A review of the applicant's service record shows: a. The applicant enlisted in the Regular Army (RA) on 15 June 2004. b. On 30 August 2011, the applicant received a General Officer Memorandum of Reprimand due to his arrest for driving under the influence of alcohol. The applicant elected not to submit matters in his own behalf. c. On 4 March 2019, the Office of the Deputy Chief of Staff, G-1 approved the applicant's request for an Active Federal Service (AFS) and moral waiver for appointment in military occupational specialty (MOS) 351L (Counter Intelligence Technician). He was qualified for appointment under the exemplary conduct standards of Title 10 United States Code, section 3583. d. On 7 August 2019, the applicant graduated from WOCS Class 19-016 at Fort Rucker, AL. e. The applicant was honorably discharged from active duty on 24 February 2020 to accept commission or warrant in the Army. f. The applicant's service record is void of any evidence of his appointment as a Reserve Warrant Officer of the Army. 3. The applicant provides: a. ATRRS screenshot shows that the applicant had a valid reservation to attend the Counterintelligence Technician Warrant Officer Basic course to report on 7 September 2020. b. DA Form 1559, shows that the applicant requested assistance from the IG office on 4 December 2019 to get his date of appointment as a WO1 changed to 7 August 2019. He stated that he had an approved AFS and moral waiver included in his warrant officer accession packet and he was selected for the warrant officer candidate program. He was scheduled to attend WOCS beginning 1 July 2019. However, 2-days before reporting to the course he was notified by the WOAPM that someone had decided that his approved waiver was not sufficient and the scroll may not get approved in time for graduation from WOCS to be able to be appointed as a WO1 at that time. c. U.S. Army IG Agency letter, dated 8 January 2020, acknowledge the receipt of the applicant's request for assistance. The IG determined that the Department of the Army (DA), G-1 could best address his issues and his request was referred for appropriate action. d. U.S. Army Installation Management Command Memorandum, dated 25 February 2020, Subject: Appointment as a Reserve Warrant Officer of the Army under Section 12241, Title, shows that the applicant was appointed effective 25 February 2020, contingent on successful completion of the appropriate Warrant Officer Basic Course (WOBC). e. On 25 February 2020, Orders Number 219-377-A-1115, issued by U.S. Army Installation Management Command, the applicant was ordered to active duty effective 25 February 2020 for an active duty commitment upon successful completion of Warrant Officer Candidate Course (WOCC). The additional instructions states that the effective date of appointment was 25 February 2020. f. Region I, 650th Military Intelligence Group Memorandum, dated 10 July 2020, Subject: Correction of Warrant Officer Appointment Date: Applicant, stated the applicant's commander recommended approval to correct his appointment date to 7 August 2019, the date of graduation from WOCS. The applicant's AFS and moral waiver was approved on 26 April 2019 by Department of the Army, G-1. While the applicant was attending WOCS, the approval authority for derogatory information waivers had changed and there was some misunderstanding on the proper processing procedures. This caused the applicant's appointment to be delayed due to no fault of his own. g. The applicant's e-mail traffic which shows his continued communication with the WOAPM regarding the status of the approved scroll for his appointment to WO1. The WOAPM had the applicant a reservation for the applicant to attend WOBC in September 2020, but was prepared to attempt to get him into an earlier class upon approval of the scroll and completion of appointment paperwork. 4. On 6 April 2021, in processing the applicant's case, an advisory was received from Office of the Deputy Chief of Staff, G-1. The advisory official stated that due to the lengthy process of staffing scrolls for the Secretary of the Army (SA) endorsement, the applicant's scroll was not approved by the Secretary of Defense until 19 February 2020. Unfortunately scrolls cannot be backdated and Directorate of Military Personnel Management, Officer Accession Policy Branch does not have the authority to adjust the date of appointment. This request should be directed to the U.S. Army Human Resources Command (HRC). 5. On 5 May 2021, in processing the applicant's case, an advisory was received from HRC. The advisory official stated that the adjustment of the date of appointment for the applicant to 7 August 2019, can only be done at the direction of the Office of the Secretary of Defense (OSD). The OSD must back date the WO1 scroll to 7 August 2019 or earlier. HRC recommends the following in order to correct the applicant's record (a must be completed before b through d can be completed): a. Army Review Boards Agency (ARBA) directs OSD to approve the WO1 scroll for the applicant effective 7 August 2019. HRC to access him to WO1 effective 7 August 2019. b. ARBA directs Fort Rucker to correct the DA Form 71 (Oath of Office Military Personnel) and appointment memorandum to the effective date 7 August 2019 and provide the source documents to HRC. c. ARBA directs HRC to access the applicant effective 7 August 2019. d. ARBA directs Defense Finance and Accounting Service (DFAS) to calculate and adjust the applicant's pay from 7 August 2019 to 25 February 2020. 6. On 5 May 2021, by email the applicant responded to the advisory opinion and did not have any additional comments or materials to provide. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, an advisory opinion, and regulatory guidance were carefully considered. The Board concurred with the findings provided by the advising official, and determined there is sufficient evidence to grant relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XX :XX :XX GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 and effective date of promotion to WO1 to 7 August 2019, and providing him with back pay and entitlements. 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. Title 10, United States Code (USC), section, 3583, (Requirement of exemplary conduct), all commanding officers and others in authority in the Army are required: * to show in themselves a good example of virtue, honor, patriotism, and subordination * to be vigilant in inspecting the conduct of all persons who are placed under their command * to guard against and suppress all dissolute and immoral practices, and to correct, according to the laws and regulations of the Army, all persons who are guilty of them * to take all necessary and proper measures, under the laws, regulations, and customs of the Army, to promote and safeguard the morale, the physical well- being, and the general welfare of the officers and enlisted persons under their command or charge 2. Department of Defense Instruction (DODI) 1320.04 (Military Officer Actions Requiring Presidential, Secretary of Defense, or Under Secretary of Defense for Personnel and Readiness Approval or Senate Confirmation), establish policy, assign responsibilities, and prescribe procedures for the submission of military officer personnel actions for grades O-10. Actions involving personnel for grades WO1 through O-10 being appointed on an active-duty list or a reserve active-status list of the Military Services except for the United States Coast Guard. DOD will inform the President and the Senate of adverse and reportable information relating to officers who are the subjects of military officer personnel actions. Enclosure 6 (Requirement for 06B Actions) Subparagraph 2a (2) The Secretaries of the Military Departments need not report adverse or reportable information when nomination or appointment packages are submitted for President, Secretary of Defense, or the Under Secretary of Defense for Personnel and Readiness approval or Senate confirmation unless, in the judgment of the Secretary of the Military Department, such action is appropriate in a specific case. 3. Title 10, USC, section, 12241 (Warrant officers: grades; appointment, how made), (a) The permanent Reserve warrant officer grades in each armed force are those prescribed for regular warrant officers by section 571(a) of this title. (b) Appointments in permanent Reserve warrant officer grades shall be made in the same manner as is prescribed for regular warrant officer grades by section 571(b) of this title. (c) Appointments as Reserves in permanent warrant officer grades are for an indefinite term and are held during the pleasure of the Secretary concerned. 4. Department of Defense Instructions 1310.01 (Rank and Seniority of Commissioned Officers) states the Secretary of the Military Department concerned may adjust the DOR of an officer, except a general or flag officer, appointed to a higher grade under Title 10, USC, sections 624(a) or 14308(a) if the appointment of that officer to the higher grade is delayed by unusual circumstances. The Secretary of the Military Department concerned must determine that the unusual circumstance caused an unintended delay in processing or approval of the selection board report or promotion list in order for an officer’s DOR to be adjusted. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210006860 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1