ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 April 2019 DOCKET NUMBER: AR20160016417 APPLICANT REQUESTS: * correction of his record to show he was promoted to the rank of chief warrant officer two (CW2) effective February 2011 vice October 2011 * payment of back pay and allowances APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders Number 301-132, dated 27 October 2008 * Orders Number 036-904, dated 5 February 2009 * Memorandum, Subject: Appointment as a Reserve Warrant Officer of the Army under Title 10, United States Code (USC), section 12201 and 12241, dated 19 April 2010 * DA Form 1059 (Service School Academic Evaluation Report), dated 20 August 2010 * Orders Number 146-937, dated 26 May 2011 * Memorandum, Subject: Promotion as a Reserve Commissioned Officer of the Army, dated 4 November 2011 * Officer Record Brief (ORB) * National Guard Regulation (NGR) 600-101 (Warrant Officers Federal Recognition and Related Personnel Actions) table 7-2 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, USC, section 1552 (b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states in pertinent part, his promotion to CW2 was delayed. He was authorized to be promoted to CW2 February 2011 and did not get promoted until October 2011. Promotion to CW2 is based on time. 2 years after warrant officer one (WO1) you should be promoted to CW2. His was delayed due to a hold up at the 1. National Guard Bureau (NGB) for processing. He did not receive any back pay, just a sorry, and that is how it is. 3. A review of the applicant’s service records show the following on: * 4 February 2009 – appointed as a Reserve WO1 and executed an oath of office * 4 February 2009 – 20 August 2010 – attended and completed the Initial Entry Rotary Wing Course * 4 November 2011 – Special Orders Number 284, issued by the NGB federally recognized and promoted the applicant to the rank of CW2, effective 28 October 2011 4. The applicant provides: * Orders Number 301-132, issued by the Adjutant General’s Department, Columbus, OH, showing he was appointed as a warrant officer candidate * Orders Number 036-904, issued by the Adjutant General’s Department, showing he was appointed a WO1, effective 4 February 2009 * Memorandum, Subject: Appointment as a Reserve Warrant Officer of the Army under Title 10, USC, section 12201 and 12241, showing his appointment as a warrant officer was accepted and effective 4 February 2009 * Orders Number 146-937, issued by the Adjutant General’s Department, showing he was promoted to CW2, effective 24 May 2011 * Memorandum, Subject: Promotion as a Reserve Commissioned Officer of the Army, showing his promotion to CW2 was effective 28 October 2011 * ORB showing his date of promotion to CW2 was 28 October 2011 * excerpt from NGR 600-101, table 7-2, showing the criteria and timeline for warrant officer promotions 5. NGR 600-101 paragraph 7-7 states, to be considered for Federal Recognition a warrant officer must have completed the minimum years of promotion service indicated in table 7-1. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was warranted. Based upon the documentary evidence presented by the applicant and found within the service record, to include the enclosed NGB advisory finding that the applicant’s request had merit and recommended granting it, the Board concluded that the applicant’s date of rank should be amended to 28 February 2011. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 Army records of the individual concerned be corrected by amending his date of rank to CW2 from 28 October 2011 to 28 February 2011. 5/7/2019 X CHAIRPERSON Signed by: 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. (NGR) 600-101 (Warrant Officers Federal Recognition and Related Personnel Actions) paragraph 7-7 states, to be considered for Federal Recognition a warrant officer must have completed the minimum years of promotion service indicated in table 7-1.