IN THE CASE OF:
BOARD DATE: 18 June 2014
DOCKET NUMBER: AR20130016491
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 (DOR) for chief warrant officer four (CW4) be changed to 13 March 2013 and payment of any back pay and allowances he may be due as a result of this correction.
2. He states:
a. His CW4 promotion packet was forwarded to the District of Columbia National Guard (DCNG) G-1 by his unit on 1 November 2012 along with a CW4 promotion packet for another Soldier in his unit. He and the other Soldier have the same duty military occupational specialty (MOS) and attended the same WO advanced and staff courses. The promotion packets were completed for submission by the same noncommissioned officer.
b. After a delay and after requesting assistance from the DCNG Inspector General (IG), he received an e-mail stating his packet had been located and was being processed and that a large part of the problem was migration to a new e-mail system. His packet was submitted to the DCNG Federal Recognition Board at the end of March 2013, and it was forwarded to the National Guard Bureau (NGB) so he could be placed on the promotion scroll.
c. On 13 March 2013, his fellow Soldier was promoted to CW4.
d. On 21 June 2013, he was promoted to CW4.
3. He provides:
* DA Form 1559 (IG Action Request)
* e-mail
* two memoranda, subject: Promotion as a Reserve Commissioned WO of the Army
* his CW4 promotion packet
CONSIDERATION OF EVIDENCE:
1. The applicant had prior enlisted service in the Regular Army. On 11 January 1990, he was appointed as a WO1 in the U.S. Army Reserve (USAR). He is currently serving as a CW4 in the DC Army National Guard (DCARNG) in MOS 153L (UH-72A Pilot).
2. He was promoted to chief warrant officer two on 11 January 1992 and to chief warrant officer three effective 24 July 1998.
3. On 27 June 2013, the NGB issued Special Orders Number 157 AR announcing extension of Federal recognition to the applicant in the rank of CW4 with an effective date and DOR of 21 June 2013.
4. He provides several documents in support of his request.
a. A DA Form 1559, dated 19 January 2013, shows he requested that the IG investigate the status of his CW4 promotion packet to determine why his promotion packet had not been processed as other packets that had been submitted on the same date.
b. E-mail, dated 6 and 7 February 2013, showing his packet was located and it was being processed. The IG stated the applicant's request had been referred to the DCNG G-1 and the State Command Chief WO. The G-1 stated that e-mail migration had been a large part of the problem.
c. An e-mail, dated 1 March 2013, shows the G-1 notified him his packet had been signed that day.
d. A memorandum, subject: Promotion as a Reserve Commissioned WO of the Army, dated 14 March 2013, showing another DCARNG Soldier was promoted to CW4 in MOS 153L, effective 13 March 2013.
e. His CW4 promotion packet is dated 15 October 2012 with a suspense date of 1 November 2012. His commander recommended that the Commanding General approve the applicant's promotion to CW4 in the DCARNG.
5. NGB Policy Memorandum 11-015, subject: Federal Recognition of WO's in the ARNG, dated 14 June 2011, states that 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.
6. 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 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, will be issued by the President (delegated to the Secretary of Defense).
7. Army Regulation 135-155 (Promotion of Commissioned Officers and WO's other than General Officers) states the DOR is the date the officer actually or constructively was appointed or promoted to a specific grade.
DISCUSSION AND CONCLUSIONS:
1. There is no documentary evidence definitively showing that, absent any delay caused by migration to a new e-mail system, the applicant would have been promoted to CW4 with the same effective date as his fellow Soldier.
2. The only way the effective date of the applicant's promotion to CW4 could be changed would be to show the Secretary of Defense approved his promotion on an earlier date. Making such a change would change his DOR for CW4 and make him eligible for back pay and allowances; however, the ABCMR has no jurisdiction over Department of Defense records and cannot make that type of correction.
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) AR20130016491
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