BOARD DATE: 10 January 2017 DOCKET NUMBER: AR20150013447 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___X_____ ___X_____ ___X_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 10 January 2017 DOCKET NUMBER: AR20150013447 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 by showing his date of rank to chief warrant officer four as 11 June 2015. 2. The Board further determined that 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 his effective date of promotion to chief warrant officer four. _____________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: 10 January 2017 DOCKET NUMBER: AR20150013447 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) and promotion effective date (PED) to chief warrant officer four (CW4) from 23 July 2015 to 11 June 2015. 2. The applicant states, in effect, his DOR and PED to CW4 are in error. There was a system error that prevented his name from being placed on the scroll. His DOR and PED to CW4 should be corrected to the date the scroll was published. 3. The applicant provides: * email correspondence with the National Guard Bureau (NGB) * Federal recognition orders CONSIDERATION OF EVIDENCE: 1. Having prior enlisted service in the Regular Army and Army National Guard, the applicant was appointed as a warrant officer one in the Army National Guard on 4 February 2000. 2. He was promoted to: * chief warrant officer two effective 4 February 2002 * chief warrant officer three (CW3) effective 4 February 2007 3. Joint Force Headquarters-Guam Orders 302-05, dated 29 October 2014, promoted him to CW4 effective 23 July 2015. These orders noted his original State DOR of 1 November 2014 was changed to 23 July 2015 in accordance with NGB Special Orders Number 165 AR. 4. NGB Special Orders Number 165, dated 28 July 2015, extended him Federal recognition for promotion to CW4 effective 23 July 2015 with a DOR of 23 July 2015. 5. In the processing of this case, an advisory opinion was obtained from the Deputy Chief, Personnel Policy Division, NGB. NGB recommends approval of the applicant's request. The opinion stated: a. Coordination with the Army National Guard Federal Recognition Branch confirmed a system error occurred which deleted the applicant's name from scroll WO5-15. That list was signed by the Secretary of Defense and published on 11 June 2015. b. Due to no fault of the applicant's and for the sake of fairness and equity, NGB recommends adjustment of his DOR and PED to 11 June 2015. c. This opinion was coordinated with the Warrant Officer Policy Branch. d. The State did not respond regarding this request. 6. A copy of the advisory opinion was forwarded to the applicant for comment and/or rebuttal. He did not respond. REFERENCES: 1. National Guard Regulation 600-101 (Warrant Officers Federal Recognition and Related Personnel Actions), Table 7-1 (Minimum/Maximum Time-in-Grade for Promotion), shows the minimum time in grade for promotion from CW3 to CW4 as 5 years and the maximum time in grade for promotion as 6 years. When considered for promotion to CW3 or CW4, warrant officers in positions coded higher than their current grade may be considered for promotion 1 year earlier than the maximum prescribed in this table. 2. NGB Policy Memorandum Number 11-105, dated 14 June 2011, pertains to Federal recognition of warrant officer appointments in the ARNG. This memorandum states all initial appointments of warrant officers and appointments in a higher grade (promotion) by warrant or commission will be issued by the President effective 7 January 2011. 3. An ARNG information paper, dated 22 July 2011, subject: National Defense Authorization Act (NDAA) 2011 Changes to Warrant Officer Federal Recognition Process, states: a. Prior to 7 January 2011, all warrant officer Federal recognition appointments and promotions were approved by the Secretary of the Army. The Secretary of the Army delegated this authority to the Director, NGB, and NGB published all Federal recognition orders for warrant officers. b. On 7 January 2011, NDAA 2011 was signed and a new requirement was created that all warrant officer appointments and promotions would have to be signed by the President. This new requirement removed NGB authority to approve and publish all warrant officer Federal recognition orders. All warrant officer appointments and promotions are now required to be placed on a scroll and processed through various channels from the Department of the Army G-1 up to the Secretary of Defense. c. Before NDAA 2011, all National Guard warrant officer promotion effective DORs were the date of the State promotion orders as stated in the Federal Recognition Board recommendations. 4. An ARNG information paper, dated 9 August 2011, subject: Warrant Officer Federal Recognition Scroll 01-11 Status and Update for Scrolls 02-11 through 10-11, states the DOR will not be retroactive to the DOR on the State promotion orders. DISCUSSION: 1. The applicant requests correction of his DOR and PED to CW4 from 23 July 2015 to 11 June 2015. He contends he should have been promoted to CW4 when the relevant scroll was published on 11 June 2015. 2. The evidence of record shows he was promoted to CW4 effective 23 July 2015. He was subsequently granted Federal recognition effective 23 July 2015. There is no evidence showing he was placed on an earlier scroll for promotion to CW4. 3. Notwithstanding the favorable NGB advisory opinion, all officer promotions require placement on a scroll and processing through Service channels to the Secretary of Defense by law. The ABCMR has no authority to alter an officer promotion scroll, thereby changing a PED. The ABCMR may, however, adjust a DOR, which will may afford the Soldier earlier consideration for promotion. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013447 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013447 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2