BOARD DATE: 5 January 2017 DOCKET NUMBER: AR20160003852 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 BOARD DATE: 5 January 2017 DOCKET NUMBER: AR20160003852 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 showing he was promoted to chief warrant officer two with a date of rank of 27 October 2006. This correction does not affect the effective date of his promotion. ___________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: 5 January 2017 DOCKET NUMBER: AR20160003852 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 date of rank (DOR) to chief warrant officer two (CW2) from 29 July 2012 to 27 February 2006. He also requests correction of his Officer Record Brief (ORB), dated 10 February 2016, to show: * aviator flight qualifications * previous assignments * his home of record (HOR) as Utah 2. The applicant states: a. After honorably completing his flight school active duty service commitment, he voluntarily resigned from the Army. He came back to active duty in 2012 to attend the Inter-service Physician Assistant Program. He had to resign from the program for personal reasons. b. He has returned to aviation; however, his DOR for CW2 reflects the date he returned to active duty, not the date he was promoted. c. Some of his aviator flight qualifications and previous assignments were also left off of his current ORB. Also, his HOR was changed from Utah to New Mexico for no apparent reason. d. During the time he was not on active duty, he was in the Individual Ready Reserve with no break in service. Therefore, he believes his DOR should reflect the date he was actually promoted (27 February 2006) as opposed to 29 July 2012. 3. The applicant provides: * CW2 promotion orders, dated 18 January 2006 * 2010 ORB * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 February 2004 * DA Form 71 (Oath of Office – Military Personnel) * active duty orders * 2016 ORB CONSIDERATION OF EVIDENCE: 1. The applicant's request to amend his ORB was noted. However, paragraph 2-5 of Army Regulation 15-185, the regulation under which this Board operates, states the Board will not consider any application if it determines he has not exhausted all administrative remedies available to him. There is no evidence he has contacted his personnel office to have his ORB corrected. Therefore, this portion of his request will not be discussed further in these proceedings. 2. Having prior enlisted service in the Regular Army, the applicant was appointed as a warrant officer (WO) one on 27 February 2004 with concurrent orders to active duty. He was promoted to CW2 effective 27 February 2006. On 13 January 2011, he was honorably discharged for miscellaneous/general reasons and transferred to the U.S. Army Reserve Control Group (Individual Ready Reserve). 3. He was appointed as a Reserve commissioned officer in the grade of CW2 effective 13 September 2011. He was appointed as a CW2 in the Regular Army on 29 July 2012. 4. An advisory opinion was obtained from the Chief, Officer Promotions Special Actions, U.S. Army Human Resources Command (HRC), in the processing of this case. HRC recommends approval of the applicant's request. The opinion stated: a. Based on a review of records, data systems, Army Regulation 600-8-29 (Officer Promotions), and the information provided, that office finds the applicant's request to adjust his CW2 DOR does have merit. b. Paragraph 1-46c of Army Regulation 600-8-29 (including an additional review and calculation of his service and constructive credit) clarifies that in his case, he could have been promoted/appointed to CW2 with a DOR of 27 October 2006 (unless proven to be otherwise ineligible). c. The reason for the delay in appointment may have included but was not limited to: (1) incorrect personnel and service data entered into HRC systems; (2) an initial administrative or system(s) error that did not correctly calculate or recognize him as eligible for scroll appointment, approval, and promotion; and (3) the Screening Requirement for Adverse and Reportable Information for Promotion and Federal Recognition to Colonel and Below dictated by Army Directive 2016-26; Department of Defense Instruction 1320.04, section 3583; and Deputy Chief of Staff/G-1 Standard Operating Procedure. d. Although his current CW2 effective DOR cannot be earlier than 29 July 2012, per Title 10, U.S. Code, section 571, Officer Promotions Special Actions recommends correction of his DOR retroactive to his promotion eligibility date of 27 October 2006. The recommendation does not violate Title 10, U.S. Code, section 571, and allows his seniority on the Active Duty List (ADL) per Army Regulation 600-8-29 and Title 10, section 742. In addition, if approved the applicant may qualify for consideration promotion by a Special Selection Board to be determined at the outcome or directive by the Army Board for Correction of Military Records. 5. A copy of the advisory opinion was forwarded to the applicant for comment and/or rebuttal. He did not respond. REFERENCES: Paragraph 1-46c of Army Regulation 600-8-29 states the active DOR (ADOR) for other than Regular Army (OTRA) WOs will be established as follows: a. OTRA WOs in a grade above WO1 who did not receive entry-grade credit at the time of their most recent original appointment will be placed on the ADL in their current grade and will have an ADOR that precedes the date of placement on the ADL by a period equal to the period they spent in an active status in their current grade. b. OTRA officers in a grade of CW2 or above who received entry grade credit at the time of their most recent original appointment and were placed on the ADL in their current Reserve grade will have an ADOR established by backdating from the date of placement on the ADL by the lesser of: (1) For officers who received a Reserve promotion after their most recent original appointment, the period they served in an active status in their current grade. (2) For officers serving in the grade of their most recent original appointment, the sum of the entry-grade credit awarded in excess of that in an active status in that grade since the appointment. (3) The total of entry-grade credit awarded at the time of the most recent original appointment. (Entry-grade credit includes prior commissioned service performed before the most recent original appointment.) c. The OTRA WOs in the grade of CW2 or above who received entry-grade credit at the time of their most recent original appointment may be tendered a new original appointment in a higher grade, coincident with placement on the ADL, if the period of service so credited equals or exceeds the promotion phase point in that higher grade in their respective competitive category at the time of placement. d. The ADOR on the ADL in the higher grade to which appointed under this paragraph will be the date of placement on the ADL backdated by a period equal to the period of entry-grade credit awarded which exceeded that used to establish the higher grade under subparagraph b above. DISCUSSION: 1. The applicant requests adjustment of his DOR for CW2 to 27 February 2006. 2. The evidence shows he: * served as a WO on the ADL from 27 February 2004 through 13 January 2011 * was promoted to CW2 effective 27 February 2006 with a DOR of 27 February 2006 * was honorably discharged on 13 January 2011 * was appointed as a CW2 in the Regular Army effective 29 July 2012 3. Per Army Regulation 600-8-29 and the advisory opinion, he was eligible for promotion to CW2 on 27 October 2006. The Board may recommend correction of his records to show he was promoted to CW2 with a DOR of 27 October 2006. As noted in the advisory opinion, his effective DOR for pay should remain unchanged. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003852 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003852 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2