IN THE CASE OF:
BOARD DATE: 21 August 2012
DOCKET NUMBER: AR20120001749
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 that his date of rank be changed from 2 December 2011 to 21 October 2011.
2. The applicant states that his promotion was delayed because the law changed and new procedures had to be developed. He is requesting that the effective date be changed to the date the Federal Recognition Board originally approved his case.
3. The applicant provides, in support of his request, copies of National Guard Bureau (NGB) Form 89 (Proceedings of a Federal Examining Board), dated 17 August 2011; Montana Joint National Guard promotion orders; and NGB orders.
CONSIDERATION OF EVIDENCE:
1. The applicant, a Montana Army National Guard (ARNG) warrant officer one (WO1), was found qualified for temporary Federal recognition in the next higher grade by a Montana Federal Recognition Board on 15 August 2011.
2. He was promoted to chief warrant officer two (CW2) with a date of rank of 21 October 2011 by Orders 230-003 published by Joint Force Headquarters-Montana on 18 August 2011.
3. NGB Special Orders 318 AR, dated 13 December 2011, announced the extension of the applicant's Federal recognition in the grade of chief warrant officer two, effective 2 December 2011.
4. National Guard Regulation 600-101, chapter 7, provides for promotion of warrant officers. It states, in pertinent part, that the promotion of officers in the ARNG is a function of the State, and 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 promotion requirements. Chapter 7 of this regulation states a warrant officer must complete the required minimum years of promotion service prior to being considered for promotion and Federal recognition in the higher grade. Promotion from WO1 to WO2 requires a minimum of 2 years time in grade.
5. NGB Policy Memorandum 11-015, 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. However, Title 10, U.S. Code, sections 571b and 12241b introduced a requirement that all ARNG WO appointments and promotions be made by the President of the United States. As a result, effective 7 January 2011, all such appointments and promotions will be issued by the President (delegated to the Secretary of Defense). Requests for appointment will be staffed through the Department of the Army, 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 applicant contends that his date of rank as a CW2 should be 21 October 2011.
2. The Montana Army National Guard extended temporary Federal recognition to him in the higher grade on that date.
3. However the procedures had changed. The authority for the Service Secretaries to promote and appoint military officers had been rescinded. It resided in the Secretary of Defense. Furthermore, any such appointments not completed by 7 January 2011 had to be referred to the Secretary of Defense.
4. The effective date of applicant's FEDREC was properly established as 2 December 2011 when his promotion was scrolled and submitted to and signed by the Secretary of Defense.
5. In view of the above, the applicant's request should be denied.
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) AR20120001749
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120001749
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110025187
IN THE CASE OF: BOARD DATE: 24 January 2012 DOCKET NUMBER: AR20110025187 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states: * prior to enactment of the 2011 National Defense Authorization Act (NDAA), Army National Guard (ARNG) officers were promoted by the Chief, National Guard Bureau (NGB) and the Secretary of the Army, under the provisions of Title 32, U.S. Code * after the 2011 NDAA, the authority was elevated from the Secretary of the service to the President of the...
ARMY | BCMR | CY2011 | 20110022007
The applicant states his effective date and DOR to CW2 should be adjusted based on State Promotion Orders Number 007-001, dated 7 January 2011, which is the date the Federal Recognition Examining Board (FREB) approved his promotion. He also states: * Prior to enactment of the 2011 National Defense Authorization Act (NDAA), Army National Guard (ARNG) officers were promoted by the Chief, National Guard Bureau (NGB) * After the 2011 NDAA, the authority was elevated from the Secretary of the...
ARMY | BCMR | CY2011 | 20110022231
IN THE CASE OF: BOARD DATE: 10 May 2012 DOCKET NUMBER: AR20110022231 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant provides the following documents in support of his application: * State Promotion Orders * National Guard Bureau (NGB) Special Orders Number 188 AR, dated 16 August 2011 * NGB Form 89 (Proceedings of a Federal Recognition Examining Board) CONSIDERATION OF EVIDENCE: 1. As a result, effective 7 January 2011, all initial appointments of WOs and promotion to higher...
ARMY | BCMR | CY2012 | 20120010449
With the signing of the NDAA 2011 into law, promotions were elevated from the Secretary of the Service level to the President of the United States and it appears that no one was aware of the significant impact the change would have on the promotion process for ARNG warrant officers and as a result, no procedures had been established to process promotion actions above the NGB level. Title 10, U.S. Code, section 1211 (Officers: ARNG of the U.S.) states when an officer of the ARNG to whom...
ARMY | BCMR | CY2012 | 20120014927
c. He was boarded by a Federal Recognition Board (FRB) on 27 March 2012 and promoted on State orders with a DOR of 27 March 2012. The evidence of record shows the applicant was appointed as a WO in the ARNG on 17 November 2011 and he completed WOBC on 9 March 2012. It is very likely that the delay in the applicant's promotion resulted from a statutory change in the procedures for the promotion of WO's that was mandated by the 2011 NDAA that WO's be placed on a scroll and staffed to the...
ARMY | BCMR | CY2012 | 20120005613
On 6 March 2012, the NGB published Special Orders Number 76 AR extending the applicant Federal recognition for promotion to CW2 with an effective date and DOR of 5 March 2012. The evidence of record shows the applicant was appointed as a WO in the ARNG on 18 February 2010. ABCMR Record of Proceedings (cont) AR20120005613 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120005613 2 ARMY BOARD FOR CORRECTION OF MILITARY...
ARMY | BCMR | CY2012 | 20120016313
This resulted in administrative delays in promotion actions at various levels to allow staffing officers time to understand the new promotion process. c. He was boarded by a Federal Recognition Board (FRB) on 27 March 2012 and promoted on State orders with a DOR of 27 March 2012. The evidence of record shows the applicant was appointed as a WO in the ARNG on 9 November 2011 and he completed WOBC on 8 March 2012.
ARMY | BCMR | CY2013 | 20130005257
The applicant requests: * correction of his date of rank (DOR) to chief warrant officer two (CW2) from 19 February 2013 to 10 November 2012 and his time in grade (TIG) * compensation for the wages he lost as a result of his delayed promotion 2. However, given the fact that the State published the promotion order on 21 November 2012 and the fact that delays in his packet being processed both at the State level and at NGB were no fault of the applicant, and now based on Public Law 112-239, as...
ARMY | BCMR | CY2013 | 20130005753
The applicant requests his effective date of promotion and date of rank (DOR) to chief warrant officer two (CW2) in the Army National Guard (ARNG) be adjusted from 19 February 2013 to 12 January 2013. b. NGB, Federal Recognition section provided the processing history of the applicant's request as follows: * 21 November 2012, the Federal Recognition section reviewed the applicant's promotion packet * 26 November 2012, the applicant's promotion packet was accepted by Human Resource...
ARMY | BCMR | CY2014 | 20140018126
The applicant requests his effective date of promotion to chief warrant officer two (CW2) in the Army National Guard (ARNG) be adjusted from 11 August 2011 to 4 February 2011. Section 512 of Public Law 112-239, dated 2 January 2013, provides for the automatic Federal recognition and promotion of ARNG WOs from the rank/grade of WO1/W-1 to CW2/W-2 when they are being promoted to fill a vacancy in a federally recognized unit in the ARNG, effective as of the date on which that WO has completed...