SAMR-RB 12 July 2017 MEMORANDUM FOR Army National Guard Readiness Center, Appeals and Analysis (ARNG-HRH-A), 111 South George Mason Drive Building 2, Arlington VA 22204-1382 SUBJECT: Army Board for Correction of Military Records Record of Proceedings for, AR20160013130 1. Reference the attached Army Board for Correction of Military Records Record of Proceedings, dated 16 May 2017, in which the Board members unanimously recommended denial of the applicant's request. 2. I have reviewed the findings, conclusions, and Board member recommendations. I find there is sufficient evidence to grant partial relief. Therefore, under the authority of Title 10, United States Code, section 1552, I direct that all the Department of the Army records of the individual concerned be corrected by amending her existing promotion order to show her date of rank to chief warrant officer three as 30 December 2015. 3. Request necessary administrative action be taken to effect the correction of records as indicated no later than 13 November 2017. Further, request that the individual concerned and counsel, if any, as well as any Members of Congress who have shown interest be advised of the correction and that the Army Board for Correction of Military Records be furnished a copy of the correspondence. BY ORDER OF THE SECRETARY OF THE ARMY: Deputy Assistant Secretary of the Army (Review Boards) BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20160013130 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 BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20160013130 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. BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20160013130 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 adjustment of her date of rank (DOR) to chief warrant officer three (CW3) in the Alabama Army National Guard (ALARNG) from 27 April 2016 to 30 December 2015. 2. The applicant states: a. The Department of the Army Inspector General (DAIG) Suitability Check discovered an allegation in her record during a screening of her promotion packet to CW3 from a 2005 investigation in which she was named as the "Subject." She was erroneously named as the "Subject" by the Wisconsin IG in 2005. She was a witness to a situation in which a captain in uniform at a civilian drinking establishment acted inappropriately. The attached DAIG memorandum cleared her of the investigation and updated her from "Subject" to "Assistance" in the DAIG system. b. She had already received her promotion order with an effective date and DOR of 30 December 2015 when the information was discovered. On 8 January 2016, she was notified that this promotion order had been revoked. She was never notified of the reason for this revocation. She was only told by the human resource office that a 2005 incident resulted in the revocation of her promotion order. She telephoned the Wisconsin IG and they telephoned the DAIG to clear up the allegation. On 13 January 2016, the DAIG sent her a memorandum updating her from "Subject" to "Assistance." c. She was re-scrolled and placed back on the promotion list on 19 February 2016 beginning at day number 77. She was promoted on day number 145, on 27 April 2016. This delay in her promotion was no fault of her own. 3. The applicant provides Special Orders (SO) Number 4 and 97 and a letter from the DAIG. CONSIDERATION OF EVIDENCE: 1. The applicant was appointed in the Wisconsin ARNG (WIARNG), as a warrant officer (WO) one, on 18 August 2009, with prior enlisted service. She held military occupational specialty 92A (Property Accounting Technician). She was promoted to CW2 on 28 October 2011. She was transferred from the WIARNG and was appointed in the ALARNG on 9 March 2012. 2. Her records contain and she provided SO Number 4, issued by the National Guard Bureau (NGB) on 5 January 2016, extending her Federal Recognition and promoting her to CW3 with an effective date and DOR of 30 December 2015. 3. She also provided a letter, dated 13 January 2016, wherein the DAIG advised her that the IG directed the allegation be amended in the IG Action Request System (IGARS) from naming her as the "Subject." 4. Her records also contain and she also provided SO Number 97, issued by NGB on 16 May 2016, extending her Federal Recognition and promoting her to CW3 with an effective date and DOR of 27 April 2016. 5. In an advisory opinion, dated 1 November 2016, the Deputy Chief, Personnel Policy Division, NGB, reiterated the applicant's request and stated: a. On 30 December 2015, the applicant was promoted to CW3. SO Number 4, dated 5 January 2016, was later revoked due to a suitability screening conducted by the DAIG. During the DAIG screening, the applicant was erroneously coded as the "Subject" within an investigation wherein the evidence was found to be substantiated. On 13 January 2016, a letter from the Office of the IG, Records Screening and Oversight Division, amended the applicant's status from "Subject" to "Assistance" within the IGARS and cleared her from the investigation. The applicant was placed back onto a scroll and later promoted to CW3 on 27 April 2016. b. The NGB official recommended approval of adjustment of the applicant's CW3 promotion effective date and DOR to 30 December 2015, with her entitlement to all back pay. The applicant was erroneously coded within the IGARS as the "Subject" of an IG investigation. The advisory was coordinated with the NGB Federal Recognition Branch. The ALARNG did not provide a comment with this recommendation. 6. The advisory opinion was provided the applicant for acknowledgment/rebuttal on 8 November 2016. She did not respond. REFERENCES: 1. NG Regulation 600-101 (Warrant Officers (WO) – Federal Recognition and Related Personnel Actions) prescribes policies and procedures for ARNG WO personnel management. Chapter 7 states 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 this promotion. 2. Title 10, U.S. Code, sections 571b and 12241b introduced 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 WOs and promotion to higher grades of warrant or commissioned officers, 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. 3. Title 10, U.S. Code, section 1552, the statutory authority for the Army Board for Correction of Military Records (ABCMR), gives the Board broad authority to correct Army records to remove errors or to remedy an injustice; however, the authority granted by this statute is not unlimited. The ABCMR may only correct Army records. The Board has no authority to correct records created by the other Services or the Department of Defense. DISCUSSION: 1. The applicant was originally scrolled and promoted to CW3 with an effective date and DOR of 30 December 2015. The promotion order was revoked due to a DAIG suitability screening that erroneously named her as the "Subject." On 13 January 2015, the Office of the IG amended her status from the "Subject" to "Assistance." Through no fault of her own she was re-scrolled and approved for promotion to CW3 with an effective date and DOR of 27 April 2016. 2. When a valid promotion has been accomplished, the Board may take action to grant an officer an earlier DOR if warranted by the facts in the case. Based upon this guidance, and as a matter of equity, the Board may recommend amending her DOR to CW3 to 30 December 2015. 3. The NGB also recommended an adjustment of the applicant's promotion effective date from 27 April 2016 to 30 December 2015. By law, the ABCMR may only correct Army records and has no authority to correct records created by the other Service or the Department of Defense. Any correction by the ABCMR must comport with other laws. The Board may not ignore a requirement contained in, or outcome dictated by, another statute. Where WO personnel issues are involved that require approval by the Secretary of Defense, the Board's hands are often tied. 4. Consequently, any correction to the applicant's promotion effective date to CW3 would effectively amend the Secretary of Defense's action and goes beyond the authority of this Board. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160013130 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160013130 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2