ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 April 2019 DOCKET NUMBER: AR20170002813 APPLICANT REQUESTS: his date of rank (DOR) be adjusted to 17 December 2016. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Warrant Officer Appointment Memorandum * Order Number A-12-602905 * Officer Record Brief * Officer Evaluation Report (DA Form 67-10-1) x5 * DD Form 214 * FACTS: 1. The applicant states in accordance with Army Regulation 600-8-29 (Officer Promotion), paragraph 3-3, he meets the requirement to have his date of rank adjusted based on his 9 years and 3 months of Active Federal Commissioned Service as a Regular Army Commissioned Officer. Human Resource Command (HRC) Officer Promotion Branch advised the method for him to correct his date of rank was to submit a packet to the Army Board for Correction of Military Records (ABCMR). Additionally, he was advised to initiate the process immediately since he is on an approved Fiscal Year (FY) 17, 4th quarter Chief Warrant Officer 2 (CW2) promotion scroll. 2. A review of the applicant's records show: * he entered in the Regular Army as a Commissioned Officer on 27 August 2007 * he received a memorandum appointing him as a Warrant Officer (WO1) in the United States Army Reserve (USAR) on 1 December 2016 * he received an honorable discharge on 15 December 2016 * he completed 9 years, 3 months and 19 days of net active service 3. On 1 December 2016 the applicant received Orders A-12-602905 showing he was ordered to active duty as a WO1 to fulfill an active duty requirement in a voluntary indefinite status with a report date of 16 December 2016. 4. The applicant provided five DA Form 67-10-1 showing he performed exceptionally as a Captain in the Regular Army. He also provided his Officer Record Brief showing he is a WO1 in the USAR. 5. On 9 May 2017 ABCMR received an advisory opinion from Army HRC Chief, Officers Promotions showing: * the applicant's request to appoint him and adjust his impending CW2 DOR does have merit * there is an unusual delay in his promotion not due to the fault of the applicant Army Regulation 600-8-29 allows for commissioned officers who have served at least 18 months on the active duty list who are later appointed as Warrant Officer, appointment/ promotion CW2 with DOR and effective date coincident on the date of appointment to WO1, based on active duty service credit * CW2 DOR should be 16 December 2016 * Title 10 571(a) states that appointments to CW2 shall be made by the President of the United States; the appointment authority was delegated to the Secretary of the Defense through Executive Order 12396 * recommend the applicant's DOR and effective date be retroactive to his promotion eligibly day of 16 December 2016 6. Army Regulation 600-8-29 (Officer Promotion) There are no minimum time in grade (TIG) requirements for officers to be considered for promotion to CW2; however, they must have at least 2 years TIG including service credit, if applicable, to be promoted. Furthermore, WO must serve 18 months on active duty in the grade of WO1 before promotion to CW2. Active duty service as a commissioned officer before appointment as a warrant officer will also count as active duty service. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was warranted. Based upon the advisory opinion’s finding that the applicant’s request did have merit, the Board concluded that adjusting the date of rank of the applicant was appropriate. 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 the Army records of the individual concerned be corrected by adjusting the applicant's date of rank and effective date to Chief Warrant Officer 2 (CW2) to 16 December 2016. 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. Army Regulation 600-8-29 (Officer Promotion) This regulation prescribes the officer promotion function of the military personnel system. a. To be considered for promotion by a selection board, an officer must be on the active duty list (ADL) on the day the board convenes. Officers under suspension of favorable personnel actions (AR 600–8–2) or in a nonpromotable status (para 1–19) remain eligible for consideration. As established by the SA under 10 USC 573, 574, and 619, officers must meet the following minimum time in grade (TIG) requirements to be considered for promotion: (1) WO1. There are no minimum TIG requirements for officers to be considered for promotion to CW2; however, they must have at least 2 years TIG including service credit, if applicable, to be promoted. Furthermore, WO must serve 18 months on active duty in the grade of WO1 before promotion to CW2. b. The earlier of the following dates will be the promotion effective date (PED) to CW2: The second anniversary of warrant officer service provided the officer has served a minimum of 18 months on the ADL as a WO1. Adjust the PED to ensure the officer meets the 18 months active duty requirement if necessary. Active duty service as a commissioned officer before appointment as a warrant officer will also count as active duty service. If a warrant officer is eligible for promotion on 29 Feb and the month has only 28 days, he or she is eligible on 28 Feb. A warrant officer who completes 2 years of warrant officer service before entry on active duty is eligible for promotion on the day of entry. Service must have been in an active reserve status. ABCMR Record of Proceedings (cont) AR20170002813 0 2 1