ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

                   BOARD DATE:  3 April 2019

                   DOCKET NUMBER:  AR20170009624


APPLICANT REQUESTS:  

* adjustment of her date of rank (DOR) to Chief Warrant Officer Two (CW2) to 20 August 2016 with all back pay and allowances
* a personal appearance before the Board

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Memoranda 
* DA Form 268 (Report to Suspend Favorable Personnel Actions (Flag)  
* Order Number 145-701
* Email
* Officer Record Brief

FACTS:

1.  The applicant states:

   a.  she was promoted to Warrant Officer One (WO1) on 20 August 2014.  
      
   b.  she was supposed to be promoted to CW2 on 20 August 2016 after two years as a WO1.  However, she was going through a promotion review board (PRB) screening process.  After the screening process, her promotion eligibility was reinstated and her case was closed favorably.  
      
   c.  her current DOR is 11 May 2017 based on Order Number 145-701; however, she wants it changed to 20 August 2016.
      
   d.  she has attached supporting documents showing her promotion eligibility and request for a DOR of 20 August 2016.

2.  After having prior enlisted service, she was appointed as a WO1 on 20 August 2014 with a concurrent call to active duty.
3.  On 7 November 2014, she completed the Human Resources Technician Warrant Officer Basic Course.  

4.  On 13 April 2017, the Acting Secretary of the Army (SA) restored the applicant's promotion eligibility to CW2 pursuant to Army Regulation 600-8-29, paragraph 8-8c.

5.  On 14 April 2017, her flagging action for delay of or removal from a selection list [code F] was removed, effective 13 April 2017.  

6.  On 24 May 2017, a Case Manager from the U.S. Army Human Resources Command (HRC) informed her of the following information:

* her records were referred to a Department of the Army PRB for reconsideration of her promotion status
* the SA decided to retain her on the promotion list
* the SA's decision memorandum, DA Form 268, and memorandum, dated 24 May 2017, were forwarded to HRC Active Component Officer Promotions Section 
* a copy of the SA's decision would be filed in her Army Military Human Resource Record
* if applicable, promotion orders would be processed accordingly based upon receipt of case closure, case load (mission) and verification of promotion eligibility criteria

7.  Order Number 145-701 published on 25 May 2017 promoted her to CW2 with an effective date and DOR of 11 May 2017.  

8.  On 22 August 2018, the Army Review Boards Agency received an advisory opinion from an HRC official who opined:  

	a.  the applicant's request to adjust her CW2 DOR does have merit in part.

	b.  the quoted regulation clarified she could have been promoted/appointed to CW2 with a DOR and effective date of 20 August 2016.  

	c.  the applicant's name was initially withheld from appointment to CW2 based on adverse or questionable conduct on file from the Criminal Investigation Division that was not made available to the initial recommending promotion authority.

	d.  a PRB was held and a recommendation was made for approval of the applicant's appointment to CW2.

	e.  The Secretary of Defense recently approved the precedence setting adjustment of 78 officers' DORs and effective dates for pay to the earliest date pursuant to Title 10, USC based under an "unusual delay" as reviewed by the Army Office of the Judge Advocate General and the Army Office of the General Counsel with no legal objections.

	f.  the applicant was not denied appointment to CW2; therefore, it was recommended that the applicant be granted full relief and her DOR and effective date be retroactive to her promotion eligibility date of 20 August 2016 pursuant to Title 10 USC, section 742 (Rank Warrant Officer) based under an "unusual delay."  

9.  A copy of the advisory opinion was forwarded to the applicant to allow her to submit comments; however, she did not respond.  

10.  Army Regulation 15-185 (ABCMR) states an applicant is not entitled to a hearing before the ABCMR.  Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR.

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 her military service record, the Board found that changing the date of rank of the applicant was appropriate, as well as paying any back pay and allowances associated with that correction. 

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:

1.  The Board determined that the evidence of record in this case was sufficient to render a fair and equitable decision without a personal appearance hearing.   

2.  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:

	a.  amending her date of rank for promotion to CW2 to 20 August 2016; and

	b.  paying her any back pay and allowances due as a result of this correction.  

SIGNATURE:
				 
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 Promotions) prescribes the officer promotion function of the military personnel system.  

	a.  Subparagraph 3-3 governs the rules for computing promotion eligibility date dated (PED) to CW2.  The earlier of the following dates will be the PED to CW2:

		(1) the second anniversary of warrant officer service provided the officer has served a minimum of 18 months on the active duty list as a WO1. Adjust the PED to ensure the officer meets the 18 months active duty requirement if necessary.

		(2) the second anniversary of total active duty service in the current or any higher grade provided that the officer has served a minimum of 18 months of active duty service as a WO1. Adjust the PED to ensure the officer meets the 18 month 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.

   b.  Paragraph 8-8c states the PRB's recommendation is only advisory to the SA.  In cases involving promotion to the grade of colonel or below, the board’s report will be forwarded to the SA who, on behalf of the President, may remove from the promotion list the name of the officer, in a grade above second lieutenant, retain the officer on the promotion list, return the report to the DCS, G-1, or direct other appropriate action.  The same options apply when the Secretary acts under his authority to remove warrant officers from a promotion list.  For promotions to or within general officer grades, the board report will be sent through the Chief of Staff of the Army to the SA who will forward the report with an appropriate recommendation through the Secretary of Defense to the President.

2.  Title 10 USC, section 742 (Rank: warrant officers), paragraph (b) states the rank among warrant officers of the same grade, and DOR of warrant officers, is determined in the same manner as prescribed in section 741 of this title for officers in grades above warrant officer grades.

3.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  Paragraph 2-11 states applicants do not have a right to a hearing before the ABCMR.  The Director or the ABCMR may grant a formal hearing whenever justice requires.  

ABCMR Record of Proceedings (cont)	 AR20170009624
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