ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 9 January 2020 DOCKET NUMBER: AR20190006945 APPLICANT REQUESTS: Adjustment of his date of rank (DOR) to reflect the date on his actual promotion orders. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum for Record – Joint Force Headquarters Montana * Memorandum for Record – Sequence of Events for Promotion * Memorandum for Record – Recommendation for Promotion * Orders# 360-001 * Memorandum – Promotion as a Reserve Commissioned Warrant Officer * NGB Form 0122 – Special Orders Number 314-AR * Memorandum for – The Adjutant General, Montana Army National Guard * NGB Form 89 (Conduct of the Board) FACTS: 1. The applicant states that his current DOR as indicated on his Federal Recognition orders should be changed to reflect the date on his State promotion orders which is the date that the federal recognition board was convened/approved his promotion. He went before the federal recognition board on 14 December 2017. His state orders were published on 26 December 2017. Upon completion, the State Officer Personnel Manager failed to forward the appropriate documents to the National Guard Bureau (NGB) until 2 May 2018. The packet was then returned to the state for correction further delaying the processing until 23 May 2018 when the documents were finally sent forward for scrolling. The errors and delays in processing this action were made by others and therefore he is requesting that his DOR be adjusted from 9 November 2018 to 26 December 2017. 2. The applicant provides the following: * Memorandum for Record – Joint Force Headquarters Montana dated 4 April 2019 – reflective of the Director of Military Personnel’s (G-1) acknowledgement of the circumstances surrounding the applicant’s contention with his current DOR and his recommendation for the adjustment of his DOR to 1 June 2018 based upon when the state promotion packet was completed and the approximate six months for the scrolling process to grant Federal Recognition * Memorandum for Record – Sequence of Events for Promotion dated 22 February 2019 reflective of the Office Personnel Managers account of the events pertaining to the applicant promotion process a) 14 December 2017 – state Federal Recognition board approved promotion selection b) 26 December 2017 – promotion packet complete and submitted via personnel tracking system c) 2 April 2018 – due to system issues, the packet was never processed; reloaded in the personnel tracking system d) 2 May 2018 – packet accepted by NGB for review e) 8 May 2018 – packet returned to state for correction f) 16 May 2018 – documents corrected and resubmitted g) 17 May 2018 – packet accepted by NGB h) 23 May 2018 – packet assigned to scroll for approval i) 30 November 2018 – scroll approved with Federal Recognition; promotion effective date of 9 November 2018 * Memorandum for Record – Recommendation for Promotion dated 23 October 2017 – reflective of the applicant being recommended for promotion to Chief Warrant Officer Three (WO3/CW3) * Orders# 360-001 dated 26 December 2017 – promotion to CW3 effective 27 March 2018 * Memorandum – Promotion as a Reserve Commissioned Warrant Officer dated 30 November 2018 – reflective of his promotion to CW3 with an effective date of 9 November 2018 * NGB Form 0122 – Special Orders Number 314-AR dated 30 November 2018 – reflective of his Federal Recognition of promotion to CW3 with a DOR of 9 November 2018 * Memorandum for – The Adjutant General, Montana Army National Guard dated 14 December 2017 – reflective of his recommendation for promotion * NGB Form 89 (Conduct of the Board) 14 December 2017 – reflective of the Federal Recommendation Board Proceedings granting federal recognition of promotion of the applicant 3. A review of the applicant’s personnel records reflects the following on: * 25 April 1997 – he enlisted in the Montana National Guard (MTNG) after serving in the United States Marine Corp * 5 December 2013 – he received federal recognition as a Warrant Officer One * 16 June 2015 (Special Orders Number 125) – he received federal recognition as a Chief Warrant Officer Two with a DOR of 27 March 2014 * 26 December 2017 (Order# 360-001) – he was promoted to Chief Warrant Officer Three effective 27 March 2018 with a DOR of 27 March 2018 * 30 November 2018 (Special Order Number 314) – he received federal recognition as a Chief Warrant Officer Three with a DOR of 9 November 2018 4. National Guard Regulation (NGR) 600-101 Chapter 7 (Promotions) states that 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 has a State status in which to function in the higher grade, however, to be extended Federal Recognition in the higher grade the officer must satisfy the requirements prescribed herein and the President of the United States (POTUS), or the Secretary of Defense acting on behalf of the POTUS, must first approve the promotion as a Reserve Warrant Officer of the Army. When the State promotion is federally recognized, the ARNG Warrant Officer is concurrently promoted as a Reserve Warrant Officer of the Army. 5. Title 10, USC section 14308(f) (Effective date of promotion after Federal Recognition) states that the effective date of a promotion of a Reserve Commissioned Officer of the Army who is extended Federal Recognition in the next higher grade in the Army National Guard under section 307 or 310 of Title 32 shall be the date on which the Federal Recognition in that grade is so extended. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief is not warranted. In accordance with law, the effective date of promotion for an officer in the Army National Guard is the date on which Federal Recognition in that grade is extended. Board determined that there was no error or injustice in the applicant’s Chief Warrant Officer DOR. 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. National Guard Regulation (NGR) 600-101 Chapter 7 (Promotions) states that 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 has a State status in which to function in the higher grade, however, to be extended Federal Recognition in the higher grade the officer must satisfy the requirements prescribed herein and the President of the United States (POTUS), or the Secretary of Defense acting on behalf of the POTUS, must first approve the promotion as a Reserve Warrant Officer of the Army. When the State promotion is federally recognized, the ARNG Warrant Officer is concurrently promoted as a Reserve Warrant Officer of the Army. 2. Title 10, USC section 14308(f) (Effective date of promotion after Federal Recognition) states that the effective date of a promotion of a Reserve Commissioned Officer of the Army who is extended Federal Recognition in the next higher grade in the Army National Guard under section 307 or 310 of Title 32 shall be the date on which the Federal Recognition in that grade is so extended. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190006945 5 1