IN THE CASE OF:
BOARD DATE: 3 May 2011
DOCKET NUMBER: AR20100023124
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 adjustment of his effective date of promotion to chief warrant officer two (CW2) to match his date of rank (DOR).
2. The applicant states he was promoted to CW2 8 months after his DOR. He would like to recoup the back pay lost as a result of this delay.
3. The applicant provides promotion orders to CW2 and an email from the U.S. Army Human Resources Command (HRC).
CONSIDERATION OF EVIDENCE:
1. Having had prior enlisted service, the applicant was appointed as a Reserve warrant officer and he executed a DA Form 71 (Oath of Office - Military Personnel) on 7 September 2006 with concurrent call to active duty for a 6-year active duty commitment.
2. He entered active duty on 7 September 2007, completed the Warrant Officer Basic Course from 11 September 2006 through 13 October 2006, and he was awarded military occupational specialty 311A (Criminal Investigation Command (CID) Special Agent). He was honorably discharged from active duty on 13 December 2007 by reason of disability with severance pay.
3. He was appointed to the U.S. Army Reserve (USAR) Control Group on 10 January 2009 and he was reassigned to the 425th Military Police (MP) Detachment on 29 January 2009. He was then reassigned to the 399th MP Detachment on 10 June 2009.
4. On 19 September 2009, he was ordered to active duty under contingency operations for active duty operational support and he was assigned to the U.S. Army Protective Service Battalion, Fort Belvoir, VA.
5. On 24 June 2010, HRC, St. Louis, MO, published Orders B-06-004143 promoting him to CW2 with an effective date of 24 June 2010 and a DOR of
29 October 2009. He was honorably released from active duty in the rank of CW2 on 18 September 2010 by reason of completion of his required active service.
6. He submitted an email, dated 24 June 2010, wherein an HRC official notified him that "he was appointed on 7 September 2006 and he was discharged on 13 November 2007. He had a break in service of 1 year, 2 months, and 6 days. He was reappointed on 5 June 2009 with the break in service subtracted from his appointment date for an adjusted DOR of 29 October 2007. Promotion to CW2 required 2 years TIG, which equates to a DOR of 29 October 2009."
7. In the processing of this case, on 16 March 2011, an advisory opinion was obtained HRC, Fort Knox, KY. The advisory official stated that the request to adjust the effective date could not be supported. The applicant's current effective date as it relates to pay is the earliest date that could have been awarded in accordance with Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other Than General Officers), paragraph 4-15. The regulation states that the effective date is the later date of the promotion memorandum (order) or the day following completion of the time in grade (TIG) requirements. The applicant was granted prior service credit that exceeded the TIG requirements. Receipt of a promotion action by his administrative center upon the applicant's reappointment could have led to that date or 29 October 2009 date, whichever was later.
8. On 16 March 2011, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. He did not respond.
9. Army Regulation 135-155 provides policy for selecting and promoting commissioned officers of both the Army National Guard of the United States (ARNG) and the USAR, and warrant officers of the USAR. Paragraph 4-15b (Dates of promotion) states except as noted elsewhere in this regulation, the effective date of promotion for commissioned officers (except commissioned warrant officers) may not precede the date on which the promotion memorandum is issued. For warrant officers, the effective date is the later of the date of the promotion memorandum or the day following the date the officer completes the TIG requirements.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows he was appointed a WO on 7 September 2006 and he was discharged on 13 November 2007. He had a break in service of 1 year, 2 months, and 6 days. Upon his reappointment on 5 June 2009, the break in service was subtracted from his appointment date thus giving him an adjusted DOR of 29 October 2007.
2. Promotion to CW2 requires 2 years TIG. Therefore, his DOR is correctly shown as 29 October 2009. For warrant officers, the effective date is the later of the date of the promotion memorandum or the day following the date the officer completes the TIG requirements. His promotion memorandum was issued on 24 June 2010. Therefore, his effective date of promotion to CW2 is correctly shown as 24 June 2010.
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) AR20100023124
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ABCMR Record of Proceedings (cont) AR20100023124
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