ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 13 August 2019 DOCKET NUMBER: AR20180015474 APPLICANT REQUESTS: adjustment to his Army National Guard (ARNG) date of rank (DOR) to chief warrant officer four (CW4) to 15 March 2017, with entitlement to back pay. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * email correspondence between himself and the National Guard (NG) Senior Warrant Officer Liaison * scroll processing information FACTS: 1. The applicant states: a. He initially met the criteria for promotion in accordance with (IAW) National Guard Regulation (NGR) 600-101 (Warrant Officers – Federal Recognition and Related Personnel Actions), chapter 7. He also requests back pay for lost wages because he was recommended for promotion to CW4 at the minimum time in grade IAW NGR 600- 101, Table 7-1, and placed in the higher graded position. His promotion packet was submitted on 21 December 2016 and a Federal Recognition order authorizing promotion to CW4 was published on 25 January 2018, with an effective date of promotion of 5 January 2018. b. During the approximately 360 days his promotion packet was mired in this arduous process, the scroll (06-17) his packet was included on was lost once and forgotten once (see enclosed email). Due to no fault of own, he was not promoted as recommended on the date he met all the promotion eligibility criteria to CW4 (5 March 2017) due to the arduous promotion process and incompetence noted in the enclosed email. He requests his DOR be adjusted to 5 March 2017 with back pay for lost wages. 2. The applicant provides email correspondence between himself and the NGB (National Guard Bureau) Senior Warrant Officer Liaison, dated between 21 August 2017 and 9 January 2019, wherein, in response to his requests, the applicant was advised the 06-17 promotion scroll was misplaced and looking for another 60-90 days for approval, in December the scroll was with the Secretary of Defense for Signature, and the scroll list was signed on 9 January 2018. He also provided an information paper listing the scroll processing steps. 3. Review of the applicant’s service record shows: a. Having prior enlisted service, he was appointed in the NCARNG, as a warrant officer on 1 August 2007. He was promoted to chief warrant officer three (CW3) on 5 March 2012. b. Orders Number 355-924, issued by the NCARNG on 20 December 2016, announced his promotion to CW4 with a DOR and effective date of 5 March 2017. c. On 25 January 2018, he was issued a Promotion as a Reserve Commissioned Warrant Officer of the Army memorandum, showing he was promoted to CW4 effective 5 January 2018. d. Orders Number 030-875, issued by the NCARNG on 30 January 2018, amended Orders Number 355-924 by changing his DOR and effective date to CW4 from 5 March 2017 to 5 January 2018. e. Special Orders Number 22AR, issued by the NGB on 25 January 2018, extended him Federal Recognition and authorized his promotion to CW4, with a DOR and effective date of 5 January 2018. f. On 22 May 2019, an advisory opinion was obtained from the Chief, Special Action Branch, National Guard Bureau (NGB), in the processing of this case. The advisory official reiterated the applicant’s request and stated: (1) The applicant provided email traffic detailing failures in the processing of the 06-17 Unit Vacancy promotion scrolls. The applicant’s record showed he met all qualifications outlined in NGR 600-101 in order to qualify for promotion to CW4. In addition, the NCARNG issued him promotion orders with a DOR and effective date of 5 March 2017. Given those facts, there was no delay of his promotion on the part of any ARNG entity. (2) The applicant provided email correspondence between himself and the Senior Warrant Officer Liaison at the Soldier Support Institute at Fort Jackson, SC. In the emails, the liaison indicated that there had been multiple failures in the Federal recognition system that contributed to the delay of the promotion scroll. The NGB Federal Recognition Office acknowledged the delay of the 06-17 promotion scroll and recommended a DOR/effective date of 24 July 2017 for the applicant. That date was based on previous cases from Soldiers on the same scroll. (3) The advisory official recommended the applicant be granted full relief and that his federal recognition DOR be changed. The NGB Federal Recognition Office concurred with that recommendation. The NCARNG did not provide input on that recommendation. g. The applicant was provided with a copy of this advisory opinion to give him an opportunity to submit comments. In his response, dated 11 June 2019, the applicant stated he was satisfied with the advisory opinion/recommendation and did not wish to submit additional comments. 4. By regulation (NGR 600-101), promotion from CW3 to CW4 requires completion of 5 years time in grade. 5. By law (title 10, USC, section 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 ARNG or the Air National Guard under sections 307 or 310 of Title 32 shall be the date on which such Federal recognition in that grade is so extended. Promotion scrolls are signed/approved by the President, delegated to the Secretary of Defense. Further delegation is not authorized. BOARD DISCUSSION: After review of the application and all evidence, the Board found relief was warranted. The applicant’s contentions and the advisory opinion were carefully considered. The advisory official noted the delay in his promotion was of no fault of his own, and recommend an adjusted date of rank and effective date to the rank of CW4 to show 24 July 2017, a promotion date corresponding to others on the promotion scroll. The applicant was provided the advisory opinion, and he concurred with the recommendation. The Board agreed there is sufficient evidence to grant relief and provide back pay. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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: * adjusting his date of rank and effective date to chief warrant officer four to 17 July 2017; and * providing him any back pay and allowances due as a result of these corrections 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing his DOR and effective date of promotion to CW4 to 15 March 2017. 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. National Guard Regulation 600-101 (Warrant Officers – Federal Recognition and Related Personnel Actions) prescribes the National Guard Bureau policies and procedures governing the appointment, assignment, and management of warrant officers of the Army National Guard to include promotion. The regulation states in: a. Paragraph 7-1 (Responsibility) – the promotion of warrant officers in the ARNG is a function of the State. As in original appointments, a warrant officer promoted by State authority must have a State’s status in the higher grade under which to function. However, to be extended Federal recognition in the higher grade, the officer must satisfy the requirements prescribed herein. b. Paragraph 7-8 (the minimum years of promotion service) – a warrant office must complete the minimum years of promotion service as shown in Table 7-1 to attain eligibility for promotion and received Federal recognition in the higher grade. c. Table 7-1 – promotion from chief warrant officer three to chief warrant officer four may be considered for promotion upon completion of 5 years in the lower grade. 2. Title 10, U.S. Code, section 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180015474 4 1