IN THE CASE OF:	  

		BOARD DATE:	  25 June 2013

		DOCKET NUMBER:  AR20120017932 


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 promotion effective date and date of rank (DOR) for chief warrant officer two (CW2) from 7 August 2012 to 21 November 2011.

2.  The applicant states he should have been promoted to CW2 upon completion of the Warrant Officer Basic Course (WOBC).  He graduated from WOBC and was awarded military occupational specialty (MOS) 140A (Command and Control Systems Integrator) on 21 November 2011.  On 14 December 2011, under orders 348-880, the North Carolina Army National Guard (NCARNG) recognized his promotion to CW2.  Due to a processing error, his MOS was not updated until 13 April 2012 delaying his promotion until 17 August 2012.

3.  The applicant provides:

* 2011 Oath of Office
* active duty for training orders
* 2012 MOS orders
* 2012 CW2 State promotion orders
* five emails between himself and the NCARNG
* 2012 promotion and Federal Recognition orders

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a warrant officer one (WO1) in the NCARNG effective 2 June 2011, with prior enlisted service.  
2.  He completed WOBC effective 21 November 2011.

3.  The NCARNG published the following:

* Orders Number 348-880, on 14 December 2011, promoting him to CW2 with an effective date and DOR of 21 November 2011
* Orders Number 093-814, on 2 April 2012, changing his MOS to 140A effective 21 November 2011
 
4.  Special Orders Number 125 AR published by the National Guard Bureau (NGB), dated 13 April 2012, changed his MOS from 001A to 140A effective 21 November 2011.

5.  Special Orders Number 288 AR published by the NGB, dated 9 August 2012, extended him Federal Recognition in the rank of CW2 effective 7 August 2012.

6.  National Guard Regulation 600-101 (WOs – Federal Recognition and Related Personnel Actions) prescribes the policies and procedures for ARNG WO personnel management.  Paragraph 7-1 of this regulation specifies that appointment and promotion of warrant officers in the ARNG is a function of the state The Adjutant General.  A WO1 must complete a minimum of 2 years time in grade for promotion to CW2.  

7.  National Guard Regulation 600-101 also specifies that these appointments and promotions must be federally recognized.  Warrant officers may be examined for promotion not earlier than 3 months in advance of completing the prescribed promotion requirements so that, if recommended by an Federal Recognition Examining Board (FREB), promotion may be effected on the date the promotion requirements are met.  FREB's convening to examine promotion of warrant officers who have passed their promotion eligibility date, may, if so recommended and determined fully qualified on their promotion eligibility date, consider granting temporary federal recognition retroactive to that date, but not earlier than 90 days from the date of the FREB.

8.  National Defense Authorization Action (NDAA) for Fiscal Year 2011, Subject: Changes to WO Federal Recognition Process, dated 22 July 2011, states effective 7 January 2011 all initial appointments of WOs and promotion to higher grades, by warrant or commission, 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.  This new requirement removed the authority from the NGB to approve and publish all WO Federal Recognition Orders.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should have been promoted to CW2 effective 21 November 2011.  

2.  Based on changes to the WO Federal Recognition process as a result of the 2011 NDAA, the promotion of a WO1 to CW2 is now issued by the President of the United States and is delegated to the Secretary of Defense.  A statutory change in the procedures for the promotion of WOs mandated by the 2011 NDAA that WOs be placed on a scroll and staffed to the President (delegated to the Secretary of Defense) for approval.  The law took effect on 7 January 2011.  There followed a period of time during which the procedures for processing WO appointment and promotion scrolls were developed and refined.

3.  Although this process was modeled on the existing process of scrolling commissioned officer appointments and promotions, there was still a period during which the WO scrolling process was being perfected.  This development process did result in the delay of the promotions of all ARNG WOs, and probably WOs from other components, recommended for promotion during the months immediately following the enactment of the scrolling requirements.  

4.  The ABCMR may only correct Army records.  The Board has no authority to correct records created by the other Services or the Department of Defense.  Any correction by the ABCMR must comport with other laws.  The Board may not ignore a requirement contained in, or outcome dictated by, another statute. Where officer personnel issues are involved that require approval by the Secretary of Defense, the Board's hands are often tied.

5.  Consequently, based on the authorities cited above, any correction to the applicant's promotion date to CW2 date would effectively amend the Secretary of Defense's action and goes beyond the authority of this Board.  Unfortunately, in view of the foregoing, the requested relief cannot be granted.

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)                                         AR20120017932





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ABCMR Record of Proceedings (cont)                                         AR20120017932



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