IN THE CASE OF: BOARD DATE: 14 July 2022 DOCKET NUMBER: AR20210010676 APPLICANT REQUESTS: review of his records to show his promotion to Chief Warrant Officer Four (CW4) at an earlier date. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Reserve Career Management System Automated Record Brief * Memorandum, Subject: Promotion as a Reserve Commissioned Warrant Officer of the Army, 21 June 2004 * Orders Number R-07-576986, 5 July 2005 * Orders Number R-07-576986A01, 12 August 2005 * Orders Number R-03-881877, 19 March 2008 * Orders Number R-08-888358, 26 August 2008 * Fiscal Tear 2009 CW3 and CW4, Reserve Component, Selection Board Results, 16 July 2009 * Order Number B-05-003365, 25 May 2010 * Advisory Opinion, U.S. Army Human Resources Command, 22 February 2022 FACTS: 1. The applicant states: a. He is currently in the Active Guard Reserve (AGR). He had a delayed promotion from CW3 to CW4, and delayed pay for 11 months, from July 2009 to June 2010. In September 2005, he was initially assigned to the 94th Regional Support Command, per Order Number R-07-576986/A01, as a CW3, Maintenance Technician. b. In March 2008, the 94th Regional Support Command deactivated. Per Order Number R-03-881877, he was assigned to U.S. Army Reserve Command. In August 2008, Order Number R-03-881877 was amended by Order Number R-08-888356. All of these duty positions were in a CW4 [slot]. 2. The applicant provides: a. His Reserve Career Management System Automated Record Brief, which shows, in part, his promotion to: * CW3, effective 25 June 2004 * CW4, effective 25 June 2010 b. A memorandum, issued by Headquarters, USAR Command, 21 June 2004, which shows, in part, his promotion to CW3 effective 25 June 2004. c. Orders Number R-07-576986, issued by U.S. Army Human Resources Command (USAHRC), 5 July 2005, which shows, in part, the applicant was ordered to active duty in the rank of CW3, with a reporting date of 12 September 2005, for a period of three years, for the purpose of Maintenance Technician (Paragraph 095, Line 04). d. Orders Number R-07-576986A01, issued by USAHRC, 12 August 2005, which shows, in part, the amendment of Order Number R-07576986, 5 July 2005: * As reads: Report to RSC (-) (W8BXA1) 11 Saratoga Boulevard Building 1410, New Haven, CT 06515-0000 * How changed: IATR, Report to 94th RSC (-) (W8BXA1) 11 Saratoga Boulevard Building 1410, Ayer, MA 01432-5216 e. Orders Number R-03-881877, issued by USAHRC, 19 March 2008, which shows, in part, the [applicant] in the rank of CW3, [applicant] was released from assignment to Ayer, MA and he was further assigned to Fort McPherson, GA, effective 19 March 2008, with duty at Ayer, MA; for the purpose of Maintenance Technician (Paragraph 701, Line 04). f. Orders Number R-08-888358, issued by USAHRC, 26 August 2008, which shows, in part, the applicant in the rank of CW3, was on active duty, in Active Guard/Reserve status and would proceed on permanent change of station, and report to Fort Gillem, Forest Park GA, with a reporting date of 3 November 2008; for the purpose of Maintenance Technician (Paragraph 702, Line 04). g. Fiscal Year 2009 and CW3 and CW4, Reserve Component, Selection Board Results released on 16 July 2008 shows, in part, the applicant’s name listed. h. Orders B-05-003365, dated 25 May 2010 promoted the applicant to CW4, with an effective date of 25 June 2010. 3. A review of the applicant’s service record shows: a. He has prior enlisted service in the Michigan Army National Guard. b. He was appointed as a Reserve warrant officer and executed an oath of office, on 26 June 1998. c. On 25 March 2005, he was honorably released from active duty. His DD Form 214 for this period shows he completed 1 year, 3 months and 19 days of active service. His DD Form also shows in: * block 4a (Grade, Rate, or Rank) CW3 * block 4b (Pay Grade) W3 d. Orders Number R-07-576986A03, issued by AHRC, 1 August 2008, which shows, in part, the amendment of Orders Number R07576986, 5 July 2005 * As reads: Period (Active Duty Commitment): 3 years, 0 months and 0 days; REFRAD * How changed: IFATR: EFFECTIVE: 10Janaury 2008, Period (Active Duty Commitment): Indefinite; REFRAD; N/A e. Orders Number R-04-084246, issued by AHRC, 6 April 2010, which shows, in part, the applicant, in the rank of CW3, was released from assignment from Fort McPherson, GA, with duty in Fort Gillem, and further assigned to Decatur, GA, with an effective date of 6 April 2010; for the purpose of Maintenance Technician (Paragraph 702, Line 04). 4. On 22 February 2022, the AHRC, Chief, Officer Promotions Board Announcements, Support and Promotion Orders, issued an advisory opinion and stated the following: a. Based on a review of the information provided their records laws regulation policies and the systems available to HRC Officer Promotions they found that [applicant] request to adjust his date of tank to an earlier date may have merit in part. b. However, it is unfortunate, that there were no historical Unit Manning Reports submitted in his request to validate his assignments to the higher or CW4 position as indicated in his ABCMR request, they can only speculate per review of his assignment orders and additional allied documents, that there may have been more than a reasonable chance that [applicant] could have been assigned to a CW4 position prior to 25 June 2010, even so, the earliest effective date he could have been promoted to CW4 based on the approval of the promotion list is 29 June 2009. c. Therefore, in fairness, unless proven otherwise ineligible, they recommend that [applicant] be granted full relief for the difference in pay and any other associated entitlements by amending [applicant] effective date of rank to 29 June 2009, subsequent to receipt of an ABCMR directive, under Title 10, USC, section 1552. The final adjustment will be determined upon receipt of an approved ABCMR directive. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is warranted. 2. The Board concurred with the conclusion of the advisory official that the applicant should have an earlier effective date for promotion to CW4. The Board determined his record should be corrected to show the effective date of his promotion to CW4 was 29 June 2009 and he should receive any additional pay and allowances he is due as a result of this 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: 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 to show the effective date of his promotion to CW4 was 29 June 2009. The applicant should receive any additional pay and allowances he is due as a result of this correction. 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 600-100 (Personnel - General, Commissioned Officers Federal Recognition and Related Personnel Actions, prescribes policies and procedures governing the appointment, assignment, temporary Federal Recognition, Federal Recognition, reassignment, transfers between States, branch transfers, area of concentration designation, utilization, branch detail, and attachment of commissioned officers of the Army National Guard (ARNG). The promotion of officers in the ARNG is a function of the State. As in original appointments, a commissioned officer promoted by State authorities has a State status in the higher grade under which to function. However, to be extended Federal Recognition in the higher grade, the officer must have satisfied the requirements prescribed herein. National Guard officers may be considered and found qualified for Federal Recognition of their State promotion using two distinct processes: State Federal Recognition Boards and DA Mandatory Boards. Under either process, the precedent for an actual promotion in the Army National Guard is State assignment and appointment to the next higher grade. a. State Federal Recognition Boards (FRB). Officers may be federally recognized through State FRB which are often referred to as "State vacancy promotion boards" or "unit vacancy boards" as part the Unit Vacancy Promotion (UVP) process under 32 USC 307. b. DA Mandatory Boards. The second way to federally recognize the State promotion is through the DA Mandatory Promotion Selection Boards process. Mandatory promotion selection boards are convened by the Secretary of the Army pursuant to 10 USC 14101(a). Those National Guard officers selected (“DA Select”) by a DA mandatory board who are then appointed by the State in that higher grade to fill a vacancy in the Army National Guard are extended Federal Recognition in that grade, without the examination prescribed by 32 USC 307 (see 10 USC 14316) //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210010676 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1