ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 7 May 2019 DOCKET NUMBER: AR20160018234 APPLICANT REQUESTS: a back dated promotion to chief warrant officer three (CW3) in the Texas Army National Guard (TXARNG). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Online Application) * DA Form 1059 (Service School Academic Evaluation Report) * Emails * Special Orders Number 185, National Guard Bureau (NGB)Federal Recognition * Orders 003-078, Unit Transfer of Assignment FACTS: 1. The applicant states there was an unreasonable delay submitting his promotion packet for CW3 while assigned to Headquarters and Headquarters Company (HHC), 36th Sustainment Brigade (SB) in Temple, TX. He submitted his promotion packet upon completion of Warrant Officer Advanced Course (WOAC) at Fort Gordon, GA in September 2015. The unit administrator and immediate commander, delayed sending his promotion packet up to five months. Due to their inaction, his promotion was delayed until 17 August 2016. 2. The applicant provides: a. DA Form 1059, completed the Electronic Systems Maintenance Technical, WOAC on 3 September 2015. b. Emails regarding his consideration before the promotion board. (1) 26 September 2015, from the applicant to Staff Sergeant (SSG) XXXXX, he submitted his current training certifications to be updated to his Personnel Qualification Record (PQR) and the Interactive Personnel Electronic Records Management System. He stated that once his PQR is updated he would need his PQR sent to Sergeant First Class (SFC) XXXXX in order for her to complete and submit his promotion packet. (1) (2) 30 September 2015, the applicant informed SSG XXXXX that he verified his training records were not updated and needed it for his promotion packet. (3) 1 October 2015, SFC XXXXX stated to the applicant that she would include documents to his promotion packet, as soon as he sends the promotion packet to her and his ORB is updated she would upload it to the battalion (BN) tracker for further processing. The applicant responded to SFC XXXXX informing her that he sent four emails to her on 17 September 2015 with the contents required for his promotion packet. He asked if he needed to resend the emails. (4) 2 October 2015, SFC XXXXX states that she was on leave from 14-30 September 2015 and was catching up on emails. The applicant asked if she wanted him to resend the emails. She told him to resend the emails. (5) 18 October 2015, the applicant informed SFC XXXXX that his 948B slot at 36th SB no longer existed and he should be promoted in the 948B W3 slot at 736th Maintenance Company(-) (CRC) as soon as possible. On 19 October 2015, SFC XXXXX stated she was tracking and would get with the BN. (6) 12 November 2015, WO XXXXX informed the applicant that they did not get a memorandum signed until Tuesday and it should be submitted that day. The applicant informed her that he did not hear back from her on the status of his promotion packet. He is worried that it would not make it out of HHC in a timely manner. WO XXXXX told him not to worry and as soon as she could get a working scanner, the promotion packet would be submitted. c. Special Orders Number 185, ARNG Federal Recognition, dated 8 September 2016 shows the applicant as a CW3 with a date of rank of 17 August 2016. d. Orders 003-078, unit transfer of assignment effective 1 January 2017. 3. A review of the applicant's service record shows: a. He enlisted in the ARNG on 7 May 1987. He was promoted to master sergeant in February 2006. He was honorably discharged from the ARNG on 19 September 2008. b. He was appointed as a Reserve commissioned officer of the TXARNG and executed an oath of office on 20 September 2008. He was promoted to CW2 on 12 August 2010. c. On 17 December 2015, the TXARNG published Orders Number 351-048 promoting him to CW3 in the TXARNG. a. d. On 8 December 2016, the NGB published Special Orders Number 185 extending him Federal recognition for promotion t CW3 effective 17 August 2016. e. An advisory opinion was obtained from the Chief, Personnel Policy Division, National Guard Bureau, on 17 October 2017. The advisory official was asked to provide an opinion regarding the date of rank adjustment to an earlier date for promotion to CW3. The advisory official consulted the following sources: Applicant's DD Form 149 dated 14 November 2016, records supplied in his file, NG Regulation 600-101, and the ARNG Federal Recognition Branch. The advisory official noted the following: (1) Recommended disapproval. (2) The applicant completed the WOAC on 3 September 2015. On 7 November 2015, he was recommended for promotion and subsequently boarded on 17 December 2015 (recommendation memo and NGB Form 89 Proceedings of a Federal Recognition Examining Board) enclosed). Order number 351-048 (see enclosed) was also produced on 17 December 2015 showing that he was promoted to CW3 by the TXARNG. Special Orders Number 185, dated 8 December 2016, shows he received Federal recognition in the rank of CW3 effective 17 August 2016. (3) In accordance with National Guard Regulation (NGR) 600-101 (Warrant Officers Federal Recognition and Related Personnel Actions), Chapter 7 (Promotions), the unit vacancy promotion process is the sole promotion mechanism for warrant officers within the ARNG. A commander must recommend the warrant officer for promotion. The applicant met all of his requirements for promotion however, eligibility does not mean automatic promotion to the next higher grade. Upon coordination with the ARNG Federal Recognition Branch, it was determined that normal scrolling and processing time for position vacancy promotions is six to nine months. The TXARNG concurs with the recommendation. 4. The applicant was provided with a copy of this advisory opinion to give him an opportunity to submit comments. He did not respond. 5. By regulation, promotion to WO in the ARNG is a function of the State. A WO promoted by State authority has a State status in which to function in the higher grade. However, to be extended Federal Recognition in the higher grade the officer must satisfy the requirements prescribed herein and the President of the United States or the Secretary of Defense acting on behalf of the President, must first approve the promotion as a Reserve Warrant Officer of the Army. When the State promotion is Federally Recognized the ARNG WO is concurrently promoted as a Reserve WO of the Army. 1. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the NGB advisory stating eligibility for promotion does not mean automatic promotion to the next higher grade and that normal scrolling and processing time for position vacancy promotions is six to nine months, the Board concluded that the applicant was processed for promotion in a timely manner and thus no error or injustice was present which warranted correction to the record. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION 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. 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. National Guard Regulation 600-101 (Warrant Officers Federal Recognition and Related Personnel Actions), paragraph 7-2, Promotion Criteria. a. Promotions will be based on ? (1) Department of the Army (DA) proponent duty military occupational specialty (MOS) certification upon satisfactory completion or constructive credit of appropriate level of military education. (2) Time in Grade. (3) Demonstrated technical and tactical competence. (4) Potential for service in the next higher grade as determined by a Federal Recognition Board. b. Promotion will not be used solely as a reward for past performance. Neither a Soldier's marital status, nor the employment, educational pursuits, nor the volunteer service activities of their spouse may be considered when determining whether to recommend a Soldier for Federal Recognition. c. Except as provided in this chapter, promotions will be initiated only when an appropriate modification table of organization and equipment (MTOE) or table of distribution and allowances (TDA) position vacancy exists within the unit. Warrant Officers assigned to XZ coded positions, may be promoted at the minimum time in grade, if assigned properly and is otherwise qualified. d. Officials granting promotions will adhere to the Army's equal opportunity goals, and promotions will be made without regard to race, color, religion, sex, or national origin. e. The records of all Warrant Officers recommended for promotion under the terms of this regulation must be fully documented as to their qualifications within the automated personnel systems. In addition, Aviation Warrant Officers in the grade of CW2 to CW5 must also possess those additional requirements of DA Pamphlet 611-21, or other guidance, stipulating the requirement to be qualified in an additional skill identifier (ASI), and/or skill qualification identifier (SQI). Warrant Officers whose duty position requires a language identifier code (LIC) must be qualified in the language to be eligible for promotion to CW3 through CW5. The automated personnel systems must show the proper MOS, SQI, ASI, and LIC codes in accordance with TOE/MTOE/TDA. The Warrant Officer need not be ASI, SQI, or LIC qualified for promotion from WO1 to CW2.