IN THE CASE OF: BOARD DATE: 16 June 2015 DOCKET NUMBER: AR20140017300 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests an adjustment of his Federal Recognition order for promotion to chief warrant officer three (CW3) from 19 August 2014 to 18 July 2014. 2. The applicant states that his promotion packet was submitted 90 days prior to his eligibility date and he should have been granted Federal Recognition effective 18 July 2014. 3. The applicant provides copies of his Federal Recognition and State promotion orders. CONSIDERATION OF EVIDENCE: 1. On 18 July 2008, the applicant was appointed as a warrant officer one (WO1) in the Puerto Rico Army National Guard (PRARNG) and he was promoted to the rank of chief warrant officer two (CW2) on 26 May 2010. 2. On 28 April 2014, the PRARNG published Orders 118-502 promoting the applicant to CW3 with an effective date and date of rank of 18 July 2014. 3. On 21 August 2014, the National Guard Bureau (NGB) published Special Orders Number 237 AR extending him Federal recognition in the rank of CW3 effective 19 August 2014. 4. In the processing of this case a staff advisory opinion was obtained from the NGB which recommended that the applicant’s request be disapproved. Officials at the NGB opined, in effect, that the delay in the applicant’s Federal Recognition was due to a change in the law that required warrant officers (WO's) to be approved at a higher level and it took a period of time to refine the process; however, the delay was not the result of an error or injustice specifically related to his case. Additionally, his packet was received on 1 May 2014 and was returned to the PRARNG due to errors. The errors were corrected and returned and he was placed on a scroll on 16 May 2014 and approved on 19 August 2014, which was the normally processing time. The advisory opinion was provided to the applicant for comment and to date the staff of the Board has not received a response. 5. National Guard Regulation (NGR) 600-101 (WO's - Federal Recognition and Related Personnel Actions) prescribes policies and procedures for ARNG warrant officer personnel management. Chapter 7 states that 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 the higher grade under which to function. However, to be extended Federal recognition in the higher grade, the officer must satisfy the requirements for this promotion. Promotions will be based on the Department of the Army proponent duty MOS certification via satisfactory completion or constructive credit of appropriate level of military education, time in grade, demonstrated technical and tactical competence, and potential for service in the next higher grade as determined by a Federal Recognition Board (FRB). 6. NGB Policy Memorandum 11-015, Subject: Federal Recognition of Warrant Officers in the ARNG, dated 14 June 2011 states that ARNG WOs are initially appointed and are also promoted by the State or Territory to which the officer is assigned. The Chief, NGB, reviews and approves those actions. Title 10, U.S. Code, sections 571b and 12241b introduced a requirement that all WO appointments and promotions to chief warrant officer grades in the ARNG be made by the President of the United States. As a result, effective 7 January 2011, all initial appointments of WOs and promotion to higher grades, by warrant or commission, must be issued by the President. This authority was delegated to the Secretary of Defense. Requests for appointment will be staffed through the Department of the Army (delegated to the Secretary of Defense), Deputy Chief of Staff, G-1. This requirement may add 90 days or more to the process for approval for appointments or promotions to be completed. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant's date of rank as a CW3 was determined by the PRARNG to be 18 July 2014. He was considered by an FRB that found him fully satisfactory in his physical qualifications, moral character, and general qualifications. The NGB issued him Federal recognition orders for promotion to CW3 effective 19 August 2014 despite that he met promotion qualification on 18 July 2014. 2. However, as a result of the 2011 National Defense Authorization Act (NDAA), the promotion of a CW2 to CW3 is now issued by the President of the United States and is delegated to the Secretary of Defense. Since appointment is a Secretary of Defense action, the Board cannot change the effective DOR. 3. The delay in question was not the result of an error or an injustice as much as it was the inherent consequence of elevating the appointment and promotion authority for WOs to such a high level. While it is true the processing time has been materially reduced as the service learned how to streamline the new process, the fact remains that the delay is an organic feature of the new scheme mandated by Congress and not an error or an injustice specific to the applicant. It appears that the applicant’s case was within the normal realm of processing. 4. In view of the foregoing evidence and the change in law, the applicant's effective date of promotion seems appropriate and reasonable and it should not be changed. BOARD VOTE: ________ ________ ________ 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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ x_______ ___ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20140017300 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140017300 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1