IN THE CASE OF: BOARD DATE: 24 February 2020 DOCKET NUMBER: AR20170014445 APPLICANT REQUESTS: * correction of his date of rank to Chief Warrant Officer Three (CW3)/W-3 to reflect 26 September 2015 with backpay * correction of his date of rank to Chief Warrant Officer Two (CW2)/W-2 to reflect 26 September 2011 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Order# 283-125 dated 9 October 2008 * Order# 308-137 dated 4 November 2009 * Order# 273 AR dated 13 November 2009 * Order# 285-100 dated 12 October 2011 * Order# 64 AR dated 22 February 2012 * Order# 125-016 dated 4 May 2016 * Order# 82 dated 20 April 2017 * DA Form 1059 (Service School Academic Evaluation Report) FACTS: 1. The applicant states that he should have been promoted to CW3 on 26 September 2015; however, he was not promoted until 11 April 2017. He states that he completed all requirements prior to the prescribed dates and should have been promoted on time. He further states that there is an issue with the Warrant Officer promotion system within the Missouri Army National Guard (ARNG) impacting almost all of the other Warrant Officers that he has spoken with within the State. He was promised timely promotions as long as he met the requirements. 2. The applicant’s CW2 date of rank correction was corrected by the Departments of the Army and the Air Force National Guard Bureau; therefore, it will not be considered by the Board. The Board will consider correction of his date of rank to CW3 to reflect 26 September 2015 with backpay. 3. A review of the applicant’s available service records reflects the following: a. On 27 September 2000 he enlisted in the Missouri ARNG. b. On 9 October 2008 (Order# 238-125), he was appointed as a Warrant Officer Candidate (WOC). c. On 28 September 2009 (Order# 271-273), he was discharged from the ARNG effective 25 September 2009 for initial appointment as a Warrant Officer. d. On 26 September 2009 he was appointed as a Reserve Warrant Officer at the rank of Warrant Officer One (CW1)/W-1 within the ARNG. e. On 9 September 2011 he completed the Information Systems Technician Warrant Officer Basic Course (WOBC). f. On 15 November 2011 (Order# 319-018) he was awarded the MOS of 251A. g. On 12 October 2011 (Order# 285-100), he was promoted to Chief Warrant Officer Two (CW2)/W-2 effective 11 October 2011 h. On 16 November 2011 (Order# 299), he received federal recognition with an 11 October 2011 effective date of promotion to CW2. Then on 22 February 2012 Order# 64 was issued changing his date of federal recognition to reflect 15 February 2012. His records are void of a revocation order pertaining to Order# 299. i. On 9 February 2016 he completed the Information Services Technician Warrant Officer Advanced Course (WOAC) j. On 20 April 2017 (Order# 82) he received federal recognition and was therefore promoted to the rank of CW3 with an 11 April 2017 effective date of promotion. k. On 17 September 2019 (Order# 255 published by the Departments of the Army and the Air Force National Guard Bureau) amended his previous federal recognition date of promotion effective date to CW2 of 15 February 2012 to reflect 26 September 2011. 4. The applicant provides the following: a. Order# 283-125 dated 9 October 2008 reflective of his appointment as a WOC. b. Order# 308-137 dated 4 November 2009 reflective of Order# 271-274 being amended to reflect a change of his Basic Branch to reflect “SC” (Signal Corp). c. Order# 273 AR dated 13 November 2009 reflective of his federal recognition of initial appointment as a Warrant Officer effective 26 September 2009. d. Order# 285-100 dated 12 October 2011 reflective of his promotion to CW2 effective 11 October 2011. e. Order# 64 AR dated 22 February 2012 reflective of his federal recognition of promotion to CW2 effective 15 February 2012. f. Order# 125-016 dated 4 May 2016 published by Headquarters Missouri Nation Guard Joint Force Headquarters, reflective of his promotion to CW3 with an effective date of 2 May 2016. It further states, individual will not be paid at the higher grade until federal recognition confirmed. g. Order# 82 dated 20 April 2017, reflective of his federal recognition of promotion to CW3 effective 11 April 2017. h. DA Form 1059 (Service School Academic Evaluation Report) dated 9 September 2011 reflective of his completion of the Information Systems Technician Warrant Officer Basic Course (WOBC). i. DA Form 1059 (Service School Academic Evaluation Report) dated 9 February 2016 reflective of his completion of the Information Systems Technician Warrant Officer Advanced Course (WOAC). 5. On 22 October 2019 the National Guard Bureau provided an advisory opinion wherein they recommended partial approval citing that there was an error on the orders that were published for CW2; therefore, a date of rank correction to CW2 should be granted. It further states the applicant was promoted accurately to the rank of CW3. As of 26 September 2015, he had not met the educational requirements to be promoted to CW3. It was not until 2 February 2016, when the applicant completed the WOAC, did he become educationally qualified for promotion to CW3. In reference to the applicant stating there was a delay in his promotion from CW2 to CW3, the NGB states with the assignment of a scroll being two to three weeks and the general processing time for a scroll to be completed seven to eight months, that the timeline was in line with other warrant officers going through the scrolling process. 6. On 30 October 2019 the ARBA Case Management Division notified the applicant by mail of the advisory opinion provided by the NGB. The applicant was given 30 days to submit comments regarding their recommendation. As of 13 December 2019, he had not responded. 7. See all applicable regulatory guidance below under REFERENCES. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief is not warranted. The Board noted the facts above and that the applicant was correctly promoted to CW3 on 26 September 2015 when he met the educational requirements to be promoted to CW3. The Board noted that the National Guard Bureau administratively corrected the applicant’s date of rank for CW2 and does not require a Board recommendation. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : 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. Army Regulation (AR) 135-155 (Promotion of Commissioned Officers and Warrant Officers other the General Officers) states that Warrant officers serving in a grade below CW4, in an active Reserve status, may be selected for promotion provided they meet the minimum promotion time in grade (TIG) and military education requirements not later than the date the selection board convenes. For promotion to CW2 a warrant officer must have 2 years TIG and have previously completed the WOBC. To be promoted to CW3 a warrant officer must have 5 years TIG as a CW2. 2. NGR 600-101 (Warrant Officers Federal Recognition and Related Personnel Actions) states that to attain eligibility for promotion and receive Federal Recognition in the higher grade, a Warrant Officer must complete the minimum years of promotion service. For promotion to CW2 the warrant officer must have 2 years TIG, and to CW3 they must have 5 years TIG. The minimum military education requirement for promotion to CW3 is the Warrant Officers Advanced Course (WOAC). The military education commensurate with the promotion grade must be attained prior to consideration for promotion by a Federal Recognition Board. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170014445 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1