IN THE CASE OF: BOARD DATE: 31 May 2016 DOCKET NUMBER: AR20160000688 BOARD VOTE: ____X_____ __X_____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 31 May 2016 DOCKET NUMBER: AR20160000688 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DOR for promotion to CW2 to 28 August 2015. His effective promotion date will remain unchanged. _____________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: 31 May 2016 DOCKET NUMBER: AR20160000688 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 his date of rank (DOR) to chief warrant officer two (CW2) be changed from 24 November 2015 to 28 August 2015 to reflect 24 months after graduating from Warrant Officer Candidate School (WOCS). 2. The applicant states typically warrant officers are automatically promoted two years after successfully completing WOCS. He was not. He had to go through the promotion review board (PRB) procedure for an incident that occurred in 2009. He completed his rebuttal, which was ultimately signed and his promotion approved by the Secretary of the Army. He believes he will be unfairly judged in future promotion boards against his peers, if his DOR is not changed. This would be an injustice and possibly result in him not receiving a promotion, which would leave him open to separation from the military. 3. The applicant provides his CW2 promotion orders and Officer Record Brief. CONSIDERATION OF EVIDENCE: 1. Following prior enlisted service, the applicant was appointed as a Reserve Warrant Officer One (WO1) and was ordered to active duty effective 28 August 2013. 2. Order Number 355-502, Headquarters, U. S. Army Human Resources Command (HRC), dated 21 December 2015, shows the applicant was promoted to CW2 with an effective date and DOR of 24 November 2015. 3. A DA Form 71(Oath of Office - Military Personnel) shows he was appointed as a Regular Army CW2 effective 23 December 2015. 4. There is no reference in the available records to a PRB. 5. An advisory opinion was received from the Chief, Officer Promotions, HRC, dated 24 March 2016. The advising official recommended approval of the applicant's request to adjust his DOR to 28 August 2015. Further, this official stated: a. His office reviewed all supporting documentation and the delay in the applicant's promotion was not due to any fault of his own. His appointment scroll to CW2 was approved by the Secretary of Defense on 24 November 2015. b. Army Regulation 600-8-29 (Officer Promotions), Table 3-3, affirms that in his case he should have been promoted to CW2 on the second anniversary of his most recent date of entry on active duty provided he had served a minimum of 18 months of active service as a WO1. He entered active duty on 28 August 2013; therefore his CW2 DOR should have been 28 August 2015. c. Although his effective promotion date cannot be earlier than the scroll approval date, it is presumed that he occupied his office and performed his duties in good faith. The advising official recommends the applicant's DOR be changed to 28 August 2015. This would allow him seniority as prescribed on the active duty list (ADL) per Army Regulation 600-8-29. 6. A copy of the advisory opinion was provided to the applicant for his information and comments. He responded by indicating he had nothing to add and that the advisory opinion supported his case. REFERENCES: Army Regulation 600-8-29, Table 3-3 (Computing Promotion Eligibility Date to CW2) provides Rules for computing promotion eligibility date to CW2. The promotion eligibility date to CW2 will be the second anniversary of warrant officer service provided the officer has served a minimum of 18 months on the ADL as a WO1. DISCUSSION: 1. The applicant contends that his DOR for promotion to CW2 should be changed from 24 November 2015 to 28 August 2015. His promotion to CW2 was delayed due to a PRB because of an incident that occurred in 2009. His rebuttal was approved by the Secretary of the Army. He believes that if his DOR is not changed he will be unfairly judged in future promotion boards against his peers. This would be an injustice and possibly result in him not being promoted, which could impact separation from the military. 2. The Chief, Officer Promotions, HRC, recommended the applicant's DOR to CW2 be changed to 28 August 2015 because his promotion was delayed due to no fault of his own. The applicant’s effective promotion date should remain as 24 November 2015. This recommendation is in conformance with the governing regulation. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000688 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000688 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2