IN THE CASE OF:
BOARD DATE: 28 May 2013
DOCKET NUMBER: AR20130006516
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 his date of rank to chief warrant officer four (CW4) be changed to 2 August 2012.
2. The applicant states:
* he was eligible for promotion to CW4 and met all the requirements for promotion in June 2012, but his promotion processing was not completed until March 2013
* his promotion packet was sent to a Federal Recognition Board on 13 June 2012 and eventually approved and then sent to the State for order publication
* Order Number 170-1009 was published on 18 June 2012 with an effective date of promotion of 23 June 2012
* his promotion packet was sent to the National Guard Bureau (NGB) on 20 June 2012
* there were issues with the unit's Table of Distribution and Allowances (TDA); NGB notified the Office of Personnel Management (OPM) in November 2012
* his promotion packet was stalled between the NGB and OPM until January 2013
* the Secretary of Defense (SECDEF) signed the promotion scroll on 13 March 2013, almost 9 months after his promotion eligibility
* the Federal recognition process took 42 days to complete through SECDEF signature
* the 42 days of processing time should be applied to his original promotion submission and he should be given a new DOR of 2 August 2012
3. The applicant provides:
* Orders Number 170-1009, Joint Force Headquarters, California Army National Guard (CAARNG), Sacramento, CA, dated 18 June 2012
* Orders Number 321-1443, Joint Force Headquarters, CAARNG, Sacramento, CA, dated 16 November 2012
* Orders Number 321-1444, Joint Force Headquarters, CAARNG, Sacramento, CA, dated 16 November 2012
* NGB Promotion Letter, dated 14 March 2013
* Emails
* Federal recognition package
* Unit Manning Report, dated 23 January 2013
CONSIDERATION OF EVIDENCE:
1. After having prior enlisted service, the applicant was appointed a Reserve warrant officer one on 23 June 2000 in the CAARNG.
2. He was subsequently promoted to CW3 on 23 June 2007.
3. On 13 June 2012, a Federal Recognition Board recommended the applicant's promotion to CW4.
4. Orders Number 170-1009, dated 18 June 2012, promoted the applicant to CW4 in the CAARNG with a DOR of 23 June 2012.
5. An NGB memorandum, subject: Promotion as a Reserve Commissioned Officer of the Army, dated 14 March 2013, shows the applicant was promoted to CW4 effective 13 March 2013.
6. The applicant provides orders, his Federal recognition package, a unit manning report, and emails outlining the circumstances of his promotion packet and subsequent promotion to CW4.
7. National Guard Regulation 600-101 (WO's Federal Recognition and Related Personnel Actions) prescribes policies and procedures for ARNG WO personnel management. Chapter 7 states promotion of WO's in the ARNG is a function of the State. As in original appointments, a WO 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 the 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.
8. NGB Policy Memorandum 11-015, dated 14 June 2011, subject: Federal Recognition of WO's in the ARNG, states ARNG WO's 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.
9. Title 10, U.S. Code, sections 571b and 12241b, introduced a requirement that all WO appointments and promotions to chief WO grades in the ARNG will be made by the President of the United States. As a result, effective 7 January 2011, all initial appointments of WO's and promotion to higher grades, by warrant or commission, will be issued by the President. Requests for appointment will be staffed through the Department of the Army Deputy Chief of Staff, G-1, to the President (delegated to the Secretary of Defense). This requirement may add 90 days or more to complete the process for approval for appointments or promotions.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DOR as a CW4 from 13 March 2013 to 2 August 2012 was carefully considered.
2. It is unfortunate that his promotion was delayed due to a TDA issue and further delayed as a result of a statutory change in the procedures for promotion of WO's mandated by the change in law requiring that WO's be placed on a scroll and staffed to the President (delegated to the Secretary of Defense) for approval. However, the processing time resulting from the statutory change has impacted many other WO's under consideration for promotion.
3. In view of the foregoing evidence and the change in law, the applicant's effective date of promotion seems appropriate and reasonable and should not change.
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) AR20130006516
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ABCMR Record of Proceedings (cont) AR20130006516
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