ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 9 July 2019 DOCKET NUMBER: AR20180013962 APPLICANT REQUESTS: change his date of rank for Chief Warrant Officer Two (CW2) from 17 March 2017 to 18 December 2015. APPLICANT'S SUPPORTING DOCUMENT CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant states he endured a 15 month promotion review board (PRB) in December 2015. He received his promotion orders dated 20 April 2017 with a promotion effective date of 17 March 2017. Due to his retention in the US Army and his approved promotion, he should have been promoted with an effective date of 18 December 2015 (his original eligibility date). His promotion date and pay should be backdated to 18 December 2015. He was originally informed that a back date of promotion did not apply to WO1s being promoted to CW2. 2. A review of the applicant’s records show: * 20 April 1999 – he enlisted in the Regular Army (RA) * 18 December 2013 – he commissioned as a Warrant Officer * 17 March 2017 – he was appointed to the rank of CW2 in the RA * 10 April 2017 – he received promotion review board results showing the Secretary of the Army decided to retain the applicant on the promotion list 3. On 31 May 2019 the Army Review Board Agency received an advisory from Army Human Resource Command Officer Promotions Board Announcements, Support and Promotion Chief, showing: * based on a review of records and information provided, the applicant’s request to adjust his CW2 date of rank to 18 December 2015 has merit * the applicant’s name was withheld from appointment to CW2 based on adverse information on file * because the applicant was not denied appointment to CW2, it is recommended the applicant be granted full relief and his date of rank and effective date be retroactive to his original promotion eligibility date of 18 December 2015 * a copy of the complete advisory opinion has been provided to the Board for their review and consideration 4. The applicant was provided with a copy of this advisory opinion to give him an opportunity to respond and/or submit a rebuttal. He provided a rebuttal showing: * he was informed it was advised he be granted full relief, his date of rank and effective date be retroactive to his original promotion eligibility date of 18 December 2015 * he is thankful for the advisory boards’ recommendation to grant his appeal and backdate his date of rank 5. The ABCMR may correct an officer’s date of rank/effective date of rank when a proper appointment has already occurred. 10 USC 624 and 741 provide for situations in which properly appointed officers are provided "backdated" dates of rank and effective dates to remedy errors or inequities affecting their promotion. The authority to remedy these errors or inequities is given to the Service Secretaries. 6. DODI 1310.01 (23 August 2013) provides that a Service Secretary may "adjust the date of rank of an officer appointed to a higher grade if the appointment of that officer to the higher grade is delayed by “unusual circumstances”. What constitutes “unusual circumstances” will, generally, be for the Board to determine based on the available evidence, which often includes an advisory opinion. There may be cases where relief is not possible because an appointment to a higher grade has not yet occurred. In those cases, the Board should be advised of the limits of its authority. The Board may also be advised that the applicant can submit a request for reconsideration after he or she has been appointed to a higher grade. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and the advisory opinion. The Board considered the circumstances of the applicant’s promotion selection, the delay as a result of the Promotions Board Review and the conclusions of the Advising Official. Based on a thorough review and noting that the applicant was not denied appointment to CW2, the Board concurred with the recommendation of the advising official and determined a correction to the applicant’s Date of Rank was required. 2. After reviewing the application and all supporting documents, the Board found the relief was warranted.? 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his date of rank and effective date of promotion to Chief Warrant Officer Two as his original promotion eligibility date of 18 December 2015. 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. ADMINISTRATIVE NOTE(S): Not Applicable ? REFERENCES: 1. The ABCMR may correct an officer’s date of rank/effective date of rank when a proper appointment has already occurred. 10 USC 624 and 741 provide for situations in which properly appointed officers are provided "backdated" dates of rank and effective dates to remedy errors or inequities affecting their promotion. The authority to remedy these errors or inequities is given to the Service Secretaries. 2. DODI 1310.01 (23 August 2013) provides that a Service Secretary may "adjust the date of rank of an officer appointed to a higher grade if the appointment of that officer to the higher grade is delayed by “unusual circumstances”. What constitutes “unusual circumstances” will, generally, be for the Board to determine based on the available evidence, which often includes an advisory opinion. There may be cases where relief is not possible because an appointment to a higher grade has not yet occurred. In those cases, the Board should be advised of the limits of its authority. The Board may also be advised that the applicant can submit a request for reconsideration after he or she has been appointed to a higher grade. ABCMR Record of Proceedings (cont) AR20180013962 2 1