ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 July 2019 DOCKET NUMBER: AR20170009405 APPLICANT REQUESTS: an adjusted date of rank (DOR) of 2 December 2016 for his promotion to chief warrant officer four (CW4). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Online Application) * DA Form 1059 (Service School Academic Evaluation Report) * orders 145-891, Unit Transfer of Assignment * orders 266-925, NC CW4promotion order * special orders number 85, National Guard Bureau (NGB) Federal Recognition FACTS: 1. The applicant states he respectfully request review for a DOR adjustment to reflect a date all eligibility for promotion was met. His promotion packet was submitted in September 2016 per current policy/regulatory guidance. His packet wasn't entered into the "Federal Recognition" process until December 2016 (60 days). His packet was in administrative delay for over 110 days before Federal Recognition in the higher grade was granted. He completely understands the effective date of grade is the date Federal Recognition in the higher grade was granted, however the DOR should be effective when all conditions/criteria for the higher grade was met (2 December 2016). He should not be penalized for the administrative process. 2. The applicant provides: a. His DA Form 1059, he completed the warrant officer intermediate level education, at the U.S. Warrant Officer Career College on 6 November 2014. b. Orders 145-891, unit transfer of assignment effective 1 June 2016. c. Orders 266-925, promotion to CW4 produced by the state of NC, Department of Public Safety, Joint Forces Headquarters, Raleigh, NC with an effective date and DOR of 2 December 2016. d. Special Orders Number 85, NGB Federal Recognition, dated 25 April 2017 shows the applicant as a CW4 with a DOR of 24 April 2017. 3. A review of the applicant’s service record shows: a. Having had prior service in the Regular Army, he was appointed as a reserve warrant officer one on 1 April 2006 and executed an oath of office on 4 April 2006. He was promoted to CW4 on 24 April 2017. b. On 25 April 2017, the NBG published a memorandum thru the adjutant general, state of NC, Raleigh, NC promoting the applicant to CW4 with an effective date of 24 April 2017. c. An advisory opinion was obtained from the Chief, Personnel Policy Division, NGB, on 16 July 2018. The advisory official was asked to provide an opinion regarding the DOR adjustment to an earlier date for promotion to CW4. The advisory official consulted the following sources: Applicant’s DD Form 149 dated 12 May 2017, records supplied in his file, Title 10 U.S.C. 14308 (Promotions) and the NGB Federal Recognition Branch. The advisory official noted the following: (1) Recommended disapproval. (2) Army Directive 2016-26 outlines the requirement that all officers selected for promotion to captain through colonel and CW3 through CW5 will receive a post-board screening before results are forwarded to the Secretary of the Army. CW4X was submitted for review under this screening on 17 October 2016. On 29 November 2016, the Soldier's packet was returned to the state due to missing items. The appropriate documents were submitted and the packet was returned for processing on 30 November 2016. The Soldier was assigned to scroll U03-17 on 20 December 2016. The scroll was sent to the Headquarters Department of the Army on 5 January 2017 and signed on 24 April 2017. Special order number 85 dated 25 April 2017 shows the Soldier's promotion to CW4, effective 24 April 2017 with a DOR of 24 April 2017. The Soldier contends that his DOR should be the date in which all requirements are met for promotion and he becomes fully eligible for the next higher grade. He further states that he understands the effective date of promotion will be the date of Federal Recognition but he should not be penalized for administrative process. Title 10 U.S.C. § 14308 states, "for officers in the National Guard, the DOR is the date on which Federal recognition in the higher grade is granted." The National Guard Federal Recognition Branch identifies the general processing time for a scroll as approximately six to seven months (from the time of scroll assignment to approval). The total administrative process for CW4 X promotion was approximately seven months; to include review by the ARNG Federal Recognition Branch, suitability screening, and scroll processing. (3) Based on the evidence provided, the Soldier's packet for promotion was processed in a timely manner. There is nothing to demonstrate the existence of a probable error or injustice. Therefore, this office recommends denial of the request for adjustment to the Soldier's DOR. The NGB Federal Recognition Branch concurs with this recommendation. The NCARNG did not provide a response. 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. Title 10 United States 14308 (Promotions), the effective date of a promotion of a reserve commissioned officer of the Army or the Air Force who is extended Federal recognition in the next higher grade in the Army National Guard or the Air National Guard under section 307 or 310 of title 32 shall be the date on which such Federal recognition in that grade is so extended. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the advisory opinion stating that the Soldier's packet for promotion was processed in a timely manner and there was nothing to demonstrate the existence of a probable error or injustice, as well as the applicant failing to provide a rebuttal to those findings, the Board concluded there was insufficient evidence of an error or injustice which would warrant adjusting the date of rank of the applicant. 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. Title 10 United States 14308 (Promotions), provides procedures for processing officer promotions. a. Date of Rank (DOR) (1) The DOR of an officer appointed to a higher grade under this section is determined under section 741(d) (2) of this title. (2) The DOR of an officer appointed to a higher grade under this section may be adjusted in the same manner as an adjustment may be made under section 741(d)(4) of this title in the DOR of an officer appointed to a higher grade under section 624(a) of this title. In any use of the authority under the preceding sentence, subparagraph (C) (ii) of such section shall be applied by substituting “reserve active-status list” for “active-duty list”. (3) Except as provided in paragraph (2) or as otherwise specifically authorized by law, a reserve officer is not entitled to additional pay or allowances if the effective date of the officer’s promotion is adjusted to reflect a date earlier than the actual date of the officer’s promotion. b. Effective Date of Promotion After Federal Recognition — (1) The effective date of a promotion of a reserve commissioned officer of the Army or the Air Force who is extended Federal recognition in the next higher grade in the Army National Guard or the Air National Guard under section 307 or 310 of title 32 shall be the date on which such Federal recognition in that grade is so extended. (2) If the Secretary concerned determines that there was an undue delay in extending Federal recognition in the next higher grade in the Army National Guard or the Air National Guard to a reserve commissioned officer of the Army or the Air Force, and the delay was not attributable to the action (or inaction) of such officer, the effective date of the promotion concerned under paragraph (1) may be adjusted to a date determined by the Secretary concerned, but not earlier than the effective date of the State promotion. ABCMR Record of Proceedings (cont) AR20170009405 4 1