1 BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20160004458 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: 1 June 2017 DOCKET NUMBER: AR20160004458 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 the State Army National Guard records and the Department of the Army records of the individual concerned be corrected by showing the applicant’s date of rank to CW2 as 5 September 2012. 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 changing his date of rank to a date other than that shown above, changing his effective date of rank to CW2. ____________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: 1 June 2017 DOCKET NUMBER: AR20160004458 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 promotion to chief warrant officer two (CW2) to show 13 July 2012, in accordance with National Guard Bureau (NGB), Policy Memorandum Number 07-26, Subject: Policy to Appoint Sergeant First Class (SFC) to CW2. 2. The applicant states: a. Upon completion of the warrant officer basic course (WOBC) on 13 July 2012, he met all of the requirements to submit a packet for promotion to CW2. b. His promotion packet was not submitted before a Federal Recognition Board until 5 September 2012, and the State did not forward his packet to the NGB Federal Recognition Section until December 2012. c. While promotion packets are to be submitted timely in order to meet certain deadlines, this did not occur in his case. 3. The applicant provides, in duplicate: * Joint Force Headquarters, Memorandum, dated 5 November 2015 * NGB Memorandum, dated 14 August 2007 * DA Form 1059 (Service School Academic Evaluation Report) * NGB, Special Orders (SO) Number 64, dated 2 March 2013 * NGB SO Number 170, dated 27 July 2011 * Joint Force Headquarters, District of Columbia Army National Guard (DCARNG), Orders Number 196-054, dated 15 July 2005 * Memorandum for Record, Subject: Minutes for Federal Recognition Board, dated 5 September 2012 * Joint Force Headquarters, DCARNG, Orders Number 243-011, dated 30 August 2012 * DCARNG, Deputy Chief of Staff Personnel/G-1 Email (2 pages) CONSIDERATION OF EVIDENCE: 1. After having prior Reserve component and active service, the applicant enlisted in the Maryland ARNG (MDARNG) on 14 May 2001 in the rank of staff sergeant (SSG/E-6). He held and served in military occupational specialty (MOS) 63H (Track Vehicle Repairer). 2. His DA Form 2-1 (Personnel Qualification Record) shows on 22 November 2002 as a result of an interstate transfer the applicant was reassigned from the MDARNG to the DCARNG. Item 18 (Appointments and Reductions) shows he was promoted from SSG to SFC on 15 July 2005. 3. On 1 May 2011, the applicant was appointed a warrant officer one (WO1) in the DCARNG. NGB Special Order Number 170 extended him federal recognition as WO1 on 1 May 2011. 4. A DA Form 1059 shows he attended and successfully completed the Adjutant General WOBC on 13 July 2012. He was awarded specialty 420A (Human Resource Technician). 5. On 6 September 2012, Joint Force Headquarters, DCARNG, published Orders Number 243-011 directing the applicant’s promotion to CW2 with an effective date and date of rank of 5 September 2012. It stipulated “the effective date of promotion is determined by the Federal Recognition order issued by the NGB, not the effective date of this order. Officer will not be paid at the higher grade or wear the insignia of the higher grade until Federal Recognition is confirmed and received by this headquarters.” 6. An NGB Form 78 (Recommendation for Promotion to 1LT/CW2), dated 6 September 2012, shows the applicant’s commander recommended him for promotion to CW2 with an effective date of 5 September 2012. 7. On 3 March 2013, the NGB published SO Number 64 AR extending him Federal recognition in the rank of CW2, effective 26 February 2013. 8. On 23 June 2016, the NGB, Deputy Chief, Personnel Policy Division provided an advisory opinion to the ABCMR recommending the applicant receive partial relief in this case. This official indicated: a. The applicant completed WOBC on 13 July 2012. In accordance with NGB-ARH Policy Memorandum Number 07-026, Policy to Appoint SFC to CW2, dated 14 August 2007, he was eligible for promotion (to CW2) on the date he completed WOBC. b. The applicant’s promotion packet was submitted and received by the Officer Personnel Manager on 23 July 2012 and reviewed by the Federal Recognition Board on 5 September 2012. Due to administrative error, at no fault of the applicant, the promotion packet was submitted to the NGB Federal Recognition Board in December 2012. c. NGB-ARH Policy Memorandum Number 07-026, paragraph 2.a(2) states, an SFC/E-7 who is eligible for MOS training may be promoted to CW2 after completion of the warrant officer candidate school (WOCS) and WOBC. This official recommended partial approval by correcting the applicant’s date of rank to 5 September 2012, based on the date his commander recommended him for promotion to CW2. 9. On 25 July 2016, the applicant was forwarded a copy of the advisory opinion for his comments or rebuttal. On 28 July 2016, the applicant concurred with the advisory opinion. REFERENCES: 1. A memorandum, dated 14 August 2007, Subject: Policy to Appoint SFC to CW2 (NGB-ARH Policy Memorandum Number 07-026), states an SFC who has served a minimum of two consecutive years as an E-7 who is eligible for MOS training may be promoted to CW2 after completion of WOCS and WOBC. This policy was effective as of 14 August 2007 and does not imply retroactive implementation. 2. National Guard Regulation (NGR) 600-101 prescribes policies and procedures for ARNG warrant officer personnel management. Chapter 7 states that promotion of warrant officers in the ARNG is a function of the State. As in original appointments, a warrant officer 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 promotion. Promotions will be based on the Department of the Army proponent duty MOS certification via satisfactory completion of appropriate level of military education, time in grade, demonstrated technical/tactical competence, and potential for service in the next higher grade. 3. A warrant officer must complete the minimum years of service as shown in Table 7-1 and the education requirements of Table 7-2 of NGR 600-101 to attain eligibility for promotion and receive Federal recognition in the higher grade. Table 7-1 states, in pertinent part, that the minimum time in grade for promotion to CW3 is 4 years in the lower grade. Table 7-2 states, in pertinent part, that the minimum military education requirement for promotion to CW3 is completion of the common core prerequisite correspondence studies of the duty MOS warrant officer advanced course or equivalent. 4. NGB Policy Memorandum 11-015, dated 14 June 2011, subject: Federal Recognition of Warrant Officers in the ARNG, states that ARNG warrant officers are initially appointed and are also promoted by the State or Territory to which the officers are assigned. The Chief, NGB, reviews and approves those actions. Title 10, U.S. Code, sections 571b and 12241b, introduced a requirement that all warrant officer 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 National Defense Authorization Act of 2011, effective 7 January 2011, all initial appointments of warrant officers 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 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 evidence of record confirms the applicant was initially appointed a WO1 in the DCARNG on 1 May 2011 and he completed WOBC on 13 July 2012. He was promoted to CW2 with Federal Recognition on 26 February 2013. 2. 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. The Board may recommend correction of his date of rank for CW2 to 5 September 2012, the date the DCARNG recommended him for promotion to CW2. His effective date of rank will remain 26 February 2013. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004458 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004458 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2