IN THE CASE OF: BOARD DATE: 24 March 2016 DOCKET NUMBER: AR20150016016 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 IN THE CASE OF: BOARD DATE: 24 March 2016 DOCKET NUMBER: AR20150016016 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 her DOR to CW2 as 17 November 2013 with an effective date of 11 December 2013. 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 an effective date of promotion of 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. IN THE CASE OF: BOARD DATE: 24 March 2016 DOCKET NUMBER: AR20150016016 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, in effect, correction of her records to show her date of rank (DOR) and effective date to chief warrant officer two (CW2) as 17 November 2013 vice 19 September 2014 (i.e. 11 December 2013 and 20 September 2014, respectively). 2. The applicant states: a. Army Regulation 600-8-29 (Officer Promotions), paragraph 3-3(a) states that a WO1 is eligible for promotion after 2 years serving at that grade as long as they have 18 months on active duty as WO1. She received promotion orders that indicated her promotion date to CW2 was 17 November 2013 but recently received amended orders stating that her DOR was actually 20 September 2014. If this DOR remains unchanged, she will be eligible for promotion to chief warrant officer three (CW3) possibly more than a year after her original eligibility date. The DOR change could ultimately affect her retirement and consideration for future assignments. b. The current DOR also affects the Judge Adjutant General (JAG) Corps WO promotions because they will be over/under strength at the CW3 and chief warrant officer four (CW4) ranks in future years. The change in her original DOR was due to administrative or technical errors beyond her control. In November 2013, they requested the CW2 promotion orders and discovered that several of the JAG WOs were left off the scroll. The promotion orders were signed at a later date. There was an issue with the scroll and signing of the promotion orders leading to a freeze on records and a further inquiry. Once the freeze was lifted, she received an amendment to her official file that changed her DOR from 17 November 2013 to 20 September 2014. 3. The applicant provides Orders Number 350-001, 173-028, and 282-505.all issued by Headquarters U.S. Army human Resources command (HRC), Fort Knox, KY. CONSIDERATION OF EVIDENCE: 1. Having had prior enlisted service, the applicant was appointed as a Reserve WO1 on 17 November 2011 with a concurrent call to active duty. 2. She provides : * Order Number 350-001, dated 26 December 2013, promoting her to CW2 with a DOR and effective date of 17 November 2013 * Order Number 173-028, dated 22 June 2015, amending Order Number 350-001 and changing her DOR and effective date to 19 September 2014 * Order Number 282-505, dated 8 October 2015, amending Order Number 173-028 and changing her DOR to 11 December 2013 and effective date to 20 September 2014 3. In the processing of this case an advisory opinion, dated 5 February 2016, was received from the Chief, Officer Promotions, HRC. The advisory official recommended partial approval of the applicant’s request and opined: a. Order Number 350-001 was found to have been produced in error. The applicant’s appointment scroll to CW2 was approved by the Secretary of Defense on 11 December 2013. In accordance with Title 10, U.S. Code (USC), section 571(b) (WO Grades) and her appointment scroll, the earliest DOR allowed for the applicant is 11 December 2013 (unless proven otherwise ineligible). On 8 October 2015, DOR amendment orders were completed to reflect the approved date of the scroll. b. HRC presumed the applicant had occupied office and performed her duties in good faith prior to the discovered error. Although her promotion effective date cannot be earlier than 11 December 2013, HRC recommended her DOR be amended to her promotion eligibility date (PED) of 11 (i.e. 17) November 2013. This will allow her seniority on the active duty list (ADL) per Army Regulation 600-8-29. 4. On 9 February 2016, the applicant was provided the advisory opinion for her information and opportunity to submit comments or a rebuttal; however, no response was received. REFERENCES: 1. Army Regulation 600-8-29 prescribes policies and procedures for officer promotions. Table 3-3 shows the PED to CW2 will be 2 years from the most recent date of entry on active duty, if the WO has served not less than 18 months as a WO1 on the ADL. 2. Title 10, USC, section 571(b) states appointments in regular CWO grades shall be made by commission by the President (as delegated to the Secretary of Defense). DISCUSSION: 1. The evidence of record confirms the applicant entered active duty as a WO1 on 17 November 2011 and the advisory official confirmed her appointment scroll to CW2 was approved by the Secretary of Defense on 11 December 2013. She was subsequently promoted to CW2 with a DOR of 11 December 2013 and an effective date of 20 September 2014. However, it appears an error was made when Order Number 282-505 was produced as the effective date of her promotion should have been 11 December 2013, the date her appointment scroll was approved. 2. In addition, the governing regulation states the PED to CW2 will not be earlier than 2 years after entering active duty, or in this case 17 November 2013. As a matter of equity it would be appropriate to correct her DOR to CW2 to 17 November 2013 and the effective date to 11 December 2013, the date her appointment scroll was approved. 3. With respect to the effective date of promotion as 17 November 2013, the effective date of promotion is established under the authority of the Secretary of Defense and this Board does not have the authority to change that date to an earlier date than the approved scroll date. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016016 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016016 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2