IN THE CASE OF:
BOARD DATE: 8 January 2015
DOCKET NUMBER: AR20140008648
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, in effect, adjustment of his Federal recognition order for promotion to chief warrant officer two (CW2) from 3 October 2011 to
3 March 2011.
2. The applicant states, in effect, that he was boarded by a Federal Recognition Board (FRB) in the State of Washington and was promoted to the rank of CW2 on 8 April 2011 with a date of rank (DOR) of 2 March 2011; however, due to an extended administrative delay in developing the new Federal Recognition process, his Federal recognition was delayed until 3 October 2011. Accordingly, his DOR and effective date should be corrected to 2 March 2011.
3. The applicant provides a one-page statement in support of his application, copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), State CW2 promotion orders, and Federal Recognition orders.
CONSIDERATION OF EVIDENCE:
1. The applicant was serving in the Washington Army National Guard (WAARNG) in the pay grade of E-8 when he was honorably discharged on
20 October 2010 to accept an appointment as a warrant officer.
2. On 21 October 2010, he accepted an appointment as a warrant officer one (WO1) in the WAARNG. On 8 April 2011, orders published by the WAARNG promoted him to the rank of CW2 effective 2 March 2011. The orders specified that he would not be paid or authorized to wear CW2 insignia until Federal Recognition was confirmed.
3. On 20 October 2011, Special Orders Number 260 AR issued by the National Guard Bureau (NGB) announced the applicants Federal Recognition effective 3 October 2011.
4. National Guard Regulation (NGR) 600-101 (Warrant Officers - Federal Recognition and Related Personnel Actions) prescribes policies and procedures for ARNG warrant officer personnel management. Chapter 7 states that promotion of warrant officers in the ARNG is a function of the State. As in original appointments, a warrant officer 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 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 an FRB.
5. NGB Policy Memorandum 11-015, Subject: Federal Recognition of Warrant Officers in the ARNG, 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. Title 10, U.S. Code, sections 571b and 12241b introduce a requirement that all WO appointments and promotions to chief warrant officer 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. Requests for appointment will be staffed through the Department of the Army (delegated to the Secretary of Defense), 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 evidence of record shows the applicant's date of rank as a CW2 was determined by the WAARNG to be 2 March 2011. He was considered by a Federal Recognition Board that found him fully satisfactory in his physical qualifications, moral character, and general qualifications. The NGB issued him Federal recognition orders for promotion to CW2 effective 3 October 2011 despite his having met promotion qualification on 2 March 2011.
2. However, as a result of the 2011 National Defense Authorization Act (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. The delay in the applicant's promotion resulted from a statutory change in the procedures for the promotion of warrant officers that was mandated by the 2011 NDAA that warrant officers 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.
b. The delay in question was not the result of an error or an injustice as much as it was the inherent consequence of elevating the appointment and promotion authority for warrant officers to such a high level.
3. In view of the foregoing evidence and the change in law, the applicant's effective date of promotion and DOR seems appropriate and reasonable and it should not be changed.
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) AR20140008648
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ABCMR Record of Proceedings (cont) AR20140008648
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