BOARD DATE: 10 December 2015 DOCKET NUMBER: AR20150014158 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 an adjustment of his date of rank (DOR) of chief warrant officer two (CW2) from 19 September 2014 to 17 November 2013. 2. The applicant states: a. Army Regulation 600-8-29 (Personnel General - Officer Promotions), paragraph 3-3a, shows that a warrant officer one (WO1) is eligible for promotion upon completion of 2 years of service and 18 months of active duty in the grade of WO1. He received promotion orders which indicated his DOR for CW2 was 17 November 2013. However, he recently received amended orders showing his DOR is actually 19 September 2014. b. If his DOR remains unchanged he will be eligible for promotion to CW3 possibly more than one year after his original eligibility date. The DOR change could ultimately affect his retirement and consideration of future assignments. The current DOR also affects the Judge Advocate General (JAG) Corps' WO promotions because they will be over/under strength at the CW3 and CW4 ranks in future years. The change in the original promotion date was due to an administrative or technical error beyond his control. 3. The applicant provides copies of his Officer Record Brief and Order Number 350-001. CONSIDERATION OF EVIDENCE: 1. The applicant's military records show he was appointed into the U.S. Army Reserve, JAG Corps, as a WO1, on 17 November 2011, with prior enlisted service. He entered active duty on the same date. 2. Order Number 350-001, issued by Headquarters, U.S. Army Human Resources Command (HRC) on 26 December 2013, promoted him to CW2 with an effective date and DOR of 17 November 2013. 3. HRC issued the following orders on/for: * Order Number 173-027, dated 22 June 2015, amending Order Number 350-001, to show his effective date and DOR for CW2 as 19 September 2014 * Order Number 292-504, dated 8 October 2015, amending Order Number 173-027, to show his effective date and DOR for CW2 as 20 September 2014 4. In an advisory opinion, dated 7 October 2015, the Chief, Officer Promotions, Special Actions, HRC, stated: a. Based on a review of their records and the information provided, they found that the applicant's request had merit in part. A further review of Order Number 350-001 was found to have been produced with a DOR error. The applicant's WO appointment to CW2 was approved via the enclosed scroll, dated 11 December 2013, in compliance with Title 10, U.S. Code (USC), section 571b. b. The earliest DOR allowed for the applicant was 11 December 2013, unless proven otherwise ineligible. DOR amendment orders effective 11 December 2013 would be completed no later than 23 October 2015. HRC presumed that the applicant occupied the office and performed his duties in good faith, unaware that his initial promotion appointment orders to CW2 were produced with a DOR error. However, HRC did not have the authority to overrule or overturn Title 10, USC, section 571b; therefore, any adjustment of his DOR prior to 11 December 2013 could only occur as an Army Board for Correction of Military Records (ABCMR) directive, if applicable. 5. The advisory opinion was provided to the applicant for acknowledgment/ rebuttal on 13 October 2015. He did not respond. 6. Army Regulation 600-8-29 prescribes the active duty officer promotion function of the military personnel system. 7. Title 10, USC, section 571b, states appointments in the grade of regular WO1, shall be made by warrant, except that with respect to an armed force under the jurisdiction of the Secretary of a military department, the Secretary concerned may provide by regulation that appointments in that grade in that armed force shall be made by commission. Appointments in regular CW officer grades shall be made by commission by the President, and appointments (whether by warrant or commission) in the grade of regular WO1, shall be made by the President. DISCUSSION AND CONCLUSIONS: 1. The applicant was appointed a WO1 on 17 November 2011. By regulation, he was eligible for promotion to CW2 on 17 November 2013, upon completion of 2 years of time in service. He was scrolled and approved for promotion to CW2 on 11 December 2013. 2. Order Number 350-001 contains an erroneous DOR for CW2 of 11 November 2013. By law, he is not eligible for an earlier date than the scroll approval date. His records should be corrected to show he was promoted to CW2 with an effective date and DOR of 11 December 2013. 3. It is noted that the ABCMR may only correct Army records. The ABCMR has no authority to correct records created by other Services or the Department of Defense. Any correction by the ABCMR must comport with other laws. Consequently, any correction to an individual's promotion effective date would effectively amend the Secretary of Defense's action and goes beyond the authority of this Board. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X____ ___X_____ __X__ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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: * voiding Order Number 350-001, dated 26 December 2013, with no force or effect * voiding Order Number 282-504, dated 8 October 2015, with no force or effect * issuing an order promoting him to chief warrant officer two with an effective date and date of rank of 11 December 2013 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 adjusting his effective date and date of rank of chief warrant officer two to 17 November 2013. _______ _ 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. ABCMR Record of Proceedings (cont) AR20150014158 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150014158 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1