BOARD DATE: 11 April 2017 DOCKET NUMBER: AR20150016512 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: 11 April 2017 DOCKET NUMBER: AR20150016512 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 and Army National Guard records of the individual concerned be corrected by showing he was promoted to the rank/grade of chief warrant officer two with a date of rank of 25 June 2011. 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 a date of rank of 25 February 2011 or any other date. ___________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: 11 April 2017 DOCKET NUMBER: AR20150016512 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 records to show he was promoted to chief warrant officer two (CW2)/pay grade W-2 with a date of rank (DOR) of 25 February 2011 instead of 6 September 2011. 2. The applicant states he was fully qualified for promotion to CW2/W-2; however, his promotion was delayed due to a change in the promotion process. The Army G-1 was not prepared for the process change, many promotions to CW2 were affected, and it delayed his promotion for more than 6 months. 3. The applicant provides copies of his appointment orders, two promotion orders, an information paper, and a policy memorandum. CONSIDERATION OF EVIDENCE: 1. The applicant had prior honorable enlisted service as shown on a DA Form 1506 (Statement of Service – For Computation of Length of Service for Pay Purposes) as follows: * U.S. Air Force Reserve and Active service from 6 September 1998 through 13 December 2005 * Air National Guard service from 14 December 2005 through 22 September 2008 * Army National Guard (ARNG) of the United States (ARNGUS) and the Michigan ARNG (MIARNG) service from 23 September 2008 through 24 February 2009 2. The applicant was appointed as a Reserve warrant officer (WO) of the Army in the rank of warrant officer one (WO1)/pay grade W-1 on 25 February 2009. 3. He completed the Initial Entry Rotary Wing (IERW) CH-47 course on 20 August 2010. 4. His National Guard Bureau (NGB) Form 89 (Proceedings of a Federal Recognition Examining Board) shows the applicant qualified for Federal recognition as a CW2 in military occupational specialty (MOS) 154C0 (Instructor Pilot) on 24 March 2011. 5. State of Michigan, Department of Military and Veterans Affairs, Orders  084-050, dated 25 March 2011, promoted him to CW2/W-2 effective and with a DOR of 24 March 2011. The additional instructions state, "You will not wear new rank until Federal recognition is confirmed. You will not be paid at the new rank until Federal recognition is confirmed. The effective date of promotion in the Reserve of the Army and corresponding DOR will be the date Chief, National Guard Bureau, extends Federal recognition of State promotion." 6. NGB Special Orders (SO) Number 211 AR, dated 7 September 2011, announced the extension of Federal recognition of the applicant's promotion in the rank of CW2/W-2 effective 6 September 2011. 7. NGB memorandum, dated 7 September 2011, promoted the applicant as a Reserve WO of the Army to CW2/W-2 effective 6 September 2011. 8. State of Michigan, Department of Military and Veterans Affairs, Orders  203-120, dated 21 July 2016, promoted the applicant to chief warrant  officer three/pay grade W-3 effective and with a DOR of 6 September 2016. 9. In support of his application, the applicant provides the following additional documents: a. Information Paper (ARNG-HRH), dated 22 July 2011, subject: 2011 National Defense Authorization Act (NDAA), that provided information on the new WO Federal recognition process that was retroactive to 7 January 2011. It shows a new requirement was established for all WO appointments and promotions to be signed by the President of the United States. This required the names of such WOs to be placed on a scroll and processed through channels to the Secretary of Defense. NGB was not notified of the new requirement until 10 February 2011. This caused NGB to temporarily stop all WO appointment and promotion requests. The first scroll was forwarded to the Army G-1 on 2 March 2011 and it took 50 days to be processed and approved by the Secretary of Defense. Additional scrolls were also processed. b. "Corrected Copy" of NGB memorandum, dated 26 July 2011, subject: Guidance Concerning Applications for the Federal Recognition of WOs (ARNG-HRH Policy Memorandum Number 11-045). It shows the recent change in statute to require Federal recognition of all WOs will mean a total increase in processing time from 90 to 120 days. It provided specific guidance pertaining to the administrative processing of an application for Federal recognition of a WO promotion. 10. In the processing of this case, an advisory opinion was obtained from the Deputy Chief, Personnel Policy Division, NGB, dated 28 October 2016. a. The advisory official found the applicant's request to adjust his CW2 DOR has merit, in part. b. He stated the applicant met his eligibility requirements for promotion to CW2/W-2 on 25 February 2011. He was recommended for promotion on 4 March 2011 and received Federal recognition endorsement on 24 March 2011. He was promoted to CW2/W-2 on 6 September 2011, 6 months after his eligibility date. c. During this time, the 2011 NDAA established a requirement for processing a scroll for Federal recognition. The requirement for processing scrolls caused a significant delay in the processing of WO promotions until processes and procedures were implemented. He notes the 2013 NDAA established automatic promotions. d. The advisory official opines that it would be appropriate to adjust the applicant's DOR and effective date of promotion to CW2/W-2 based on the date he received Federal recognition endorsement (i.e., 24 March 2011). e. The advisory opinion was coordinated with the NGB Federal Recognition Branch and WO Branch. The MIARNG concurred with the recommendation. 11. On 31 October 2016, the applicant was provided a copy of the advisory opinion to allow him the opportunity (30 days) to submit comments or a rebuttal. A response was not received from the applicant. REFERENCES: 1. National Guard Regulation 600-101 (WOs – Federal Recognition and Related Personnel Actions) prescribes policies and procedures for ARNG WO personnel management. a. Chapter 7 (Promotions) shows promotion of WOs in the ARNG is a function of the State. As in original appointments, a WO promoted by State authority has a State status in the higher grade under which to function. However, to be extended Federal recognition in the higher grade, the officer must satisfy the requirements for the promotion. Promotions will be based on the Department of the Army (DA) proponent duty MOS certification via satisfactory completion of appropriate level of military education, time in grade, demonstrated technical and tactical competence, and potential for service in the next higher grade as determined by a Federal Recognition Board (FRB). b. Table 7-1 (Minimum Time in Grade for Promotion) shows for promotion to CW2, a WO must complete a minimum of 2 years in the lower grade (WO1). c. Table 7-2 (Minimum WO Education System Requirements for Promotion) shows for promotion to CW2, a WO must complete the WO Basic Course or equivalent DA proponent certification within 2 years of date of initial appointment as a WO1. d. A WO must also be medically fit, meet the height and weight standards, and pass the Army Physical Fitness Test. 2. NGB Policy Memorandum 11-015, dated 14 June 2011, Subject: Federal Recognition of WOs in the ARNG, shows that ARNG WOs are initially appointed and are also promoted by the State or Territory to which the officer is assigned. The Chief, NGB, reviews and approves those actions. Title 10, U.S. Code, sections 571b and 12241b, introduced a requirement that all WO appointments and promotions to chief warrant officer grades in the ARNG be made by the President of the United States. As a result, in accordance with the 2011 NDAA, effective 7 January 2011, all initial appointments of WOs and promotions to higher grades by warrant or commission will be issued by the President (delegated to the Secretary of Defense). Requests for appointment will be staffed through the DA Deputy Chief of Staff, G-1. This requirement may add 90 days or more to the process for approval for appointments or promotions to be completed. DISCUSSION: 1. The applicant's request for correction of his records to show he was promoted to CW2/W-2 with a DOR of 25 February 2011 was carefully considered. 2. Records show the applicant was appointed as a Reserve WO of the Army and in the MIARNG in the rank of WO1/W-1 effective and with a DOR of 25 February 2009. 3. Records also show he completed the IERW CH-47 course (DA proponent certification) on 20 August 2010 and he met the 2-year time-in-grade requirement for promotion to CW2 on 25 February 2011. a. He was eligible for promotion to CW2 on 25 February 2011. b. An FRB convened and recommended him for promotion on 24 March 2011. The State published the promotion order on 25 March 2011, effective and with a DOR of 24 March 2011. c. His promotion packet appears to have been timely forwarded through the State to NGB for extension of Federal recognition. d. He was extended Federal recognition to CW2/W-2 effective and with a DOR of 6 September 2011. 4. Effective 7 January 2011, promotions from WO1 to CW2 are now issued by the President of the United States (delegated to the Secretary of Defense). a. As a result, changes were implemented that significantly impacted processing timelines for all promotion recommendations. At the time, this requirement added 90 to 120 days (or more) to the process for all WO appointments and promotions to be completed and approved. It appears the applicant's promotion to CW2 was impacted by those changes. b. Based on the evidence of record, there does not appear to be an error in the Army record with respect to the applicant's promotion to CW2/W-2. c. However, his promotion was not processed to completion within the anticipated 90 to 120-day processing time frame to finalize his promotion. 5. In view of the foregoing evidence of record and the change in law, and as a matter of equity with respect to other WOs who also experienced a delay in their promotions during the period of service under review, the Board may consider adjusting his DOR for promotion to CW2/W-2 to 25 June 2011 in keeping with normal processing time associated with implementing the change in law (i.e., 120 days from his date of eligibility) and for Federal recognition as a CW2/W-2 in MOS 154C0. 6. His effective date of rank for pay purposes cannot be earlier than the date the promotion scroll was approved by the Secretary of Defense. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016512 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016512 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2