IN THE CASE OF: BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20150018072 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20150018072 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___________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: 27 April 2017 DOCKET NUMBER: AR20150018072 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 military records by showing his date of rank (DOR) for chief warrant officer (CW2) as 18 October 2012. 2. The applicant states his DOR for CW2 was delayed until 6 June 2014. He contends that it should have been the date he completed the Warrant Officer Basic Course/Initial Entry Rotary Wing Training (WOBC/IERW). He also states that he had completed 16 years of service and had 4 years time in grade as a sergeant first class (SFC), pay grade E-7, when he was discharged for the purpose of accepting a warrant officer appointment. According to the National Guard Bureau (NGB) policy, he was eligible for appointment as a CW2. 3. The applicant provides: * Memorandum, subject: Policy to Appoint SFC to CW2 (NGB Policy Memorandum Number 07-026), dated 14 August 2007 * Orders 024-243, Missouri National Guard, dated 24 January 2008 * Special Orders Number 352 AR, NGB, dated 30 December 2011 * Orders 193-130, Missouri National Guard, dated 12 July 2013 CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. Orders 024-243, dated 24 January 2008, as provided by the applicant and filed in his Official Military Personnel File (OMPF) announced his promotion to SFC effective 7 December 2007. 3. Records show the applicant completed the WOBC in 2011 and IERW in 2012. 4. Special Orders Number 352 AR, NGB, dated 30 December 2011, as provided by the applicant and filed in his OMPF, announced his initial appointment as a warrant officer one (WO1) effective 2 June 2011. 5. Orders 193-130, Missouri National Guard, dated 12 July 2013, as provided by the applicant and filed in his OMPF announced the applicant’s promotion to CW2 effective 3 June 2013. These orders do not establish a DOR for CW2. 6. An NGB Form 78 (Recommendation for Promotion to CW2), as filed in the applicant’s OMPF, indicates the recommending official forwarded this action to the approving official recommending the applicant’s promotion in the Missouri Army National Guard on 21 May 2013. This form bears no authenticating signatures. 7. Special Orders Number 225 AR, NGB, dated 11 September 2013, as filed in the applicant’s OMPF, shows he was extended Federal recognition in the rank of CW2 with an effective date and DOR of 3 June 2013. 8. A memorandum from the NGB, dated 11 September 2013, sent through the Adjutant General, State of Missouri, to the applicant, informed him of his promotion to CW2 in the Army National Guard with a DOR and effective date of 3 June 2013. 9. A DA Form 4037 (Officer Record Brief), dated 14 March 2017, indicates the applicant’s permanent DOR for CW2 as 3 June 2013. 10. The NGB Policy Memorandum provided by the applicant states effective 14 August 2007, Soldiers in the rank of SFC who have served a minimum of 2 years in that rank and are eligible for military occupational specialty (MOS) training may be promoted to CW2 after completion of Warrant Officer Candidate School (WOCS) and WOBC. REFERENCES: 1. National Guard Regulation (NGR) 600-101 (WO's - Federal Recognition and Related Personnel Actions) prescribes policies and procedures for ARNG WO personnel management. Chapter 7 states that promotion of WO's 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 this promotion. Promotions will be based on the Department of the Army proponent duty MOS certification via satisfactory completion of the 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 an FRB. Promotion is not used to reward past performance. 2. NGB Policy Memorandum 11-015, dated 14 June 2011, subject: Federal Recognition of WO's in the ARNG, states that ARNG WO's 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, introduces a requirement that all WO appointments and promotions to chief WO grades in the ARNG be made by the President of the United States. As a result, effective 7 January 2011, all initial appointments of WO's and promotion 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 Department of the Army Office of the Deputy Chief of Staff, G-1. This requirement may add 90 to 120 days (or more in some instances) to the process for approval for appointments or promotions. DISCUSSION: 1. The applicant contends that his records should be corrected to show his DOR for CW2 as 18 October 2012 and that it was delayed until 6 June 2014. 2. The applicant argues that he was eligible for an immediate appointment in the rank of CW2 based on his 16 years of enlisted service and 4 years as a SFC. 3. The evidence of record shows the applicant was appointed as a WO1 on 2 June 2011. He completed the WOBC in 2011 and the IERW in 2012. On 21 May 2013, he was recommended for promotion to CW2. Subsequent orders announced his Federal recognition and promotion to CW2 with a DOR and effective date of 3 June 2013. The DOR was dependent on the date Secretary of Defense approved the list on which his name appeared. 4. There is no evidence of record showing his promotion was unduly delayed to 6 June 2014. 5. In view of the foregoing the evidence and the change in law, the applicant's DOR and effective date of promotion seems appropriate and reasonable. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018072 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018072 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2