Posted on Jul 25, 2024
CW4 Automotive Maintenance Warrant Officer
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Does anyone know when the Fed Rec DOR backdate timer starts based on the new Fed Rec Promotion law? I have been at "Awaiting assignment to scroll (Green- 0 days)" for 70 plus days now.
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Posted in these groups: FEDREC
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COL Randall C.
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Edited 4 mo ago
The changes* from NDAA 2023 state that if there is a greater than 100 day delay between when the FEDREC was completely/properly submitted by your state and the date it was granted, the date of rank will be adjusted to the later of:
• The date the National Guard Bureau deems such officer’s application for Federal recognition to be completely submitted by the State and ready for review at the National Guard Bureau
• The date on which the officer occupies a billet in the next higher grade
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* 10 U.S. Code § 14308 (Promotions: how made) - https://www.law.cornell.edu/uscode/text/10/14308
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CW4 Automotive Maintenance Warrant Officer
CW4 (Join to see)
4 mo
Thank you for the info Sir. I wonder if I am to assume that a status of "Awaiting assignement to Scroll" means that it is already past NGB full acceptance and the backdate counter has already started should it go beyond 100 days or does that counter only start after it is assigned an actual scroll number?
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COL Randall C.
COL Randall C.
4 mo
CW4 (Join to see) - My understanding is that it's when submitted by your state. The key phrase though is when "the National Guard Bureau deems such officer's application for Federal recognition to be completely submitted".

I would defer to NGB if they have a different interpretation, but as it reads, the date of the packet submission that makes it through final review at NGB without kickback is the date that is used for the clock start (in other words, 100 days from when your state submits an accurate and complete FEDREC packet).

Keep in mind the second part of the 'effective date' - if you're not in a billet of the next higher rank, then the 100 days is meaningless.
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COL Randall C.
COL Randall C.
1 mo
CW4 (Join to see) - having reread what I wrote previously, the second part of the change is a bit of a head scratcher to me.

Since one of the stipulations for doing a UVP is for the officer to be "assigned to an appropriate MTOE or TDA higher graded position vacancy in the unit"*, the packet can't be submitted until that occurs. There may be an exception to this rule (the reg didn't point anything out).
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CPT Command Judge Advocate
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Chief,
Did you get any clarity around this? I am in a similar situation awaiting promotion to MAJ. Mine has had the "awaiting assignment to scroll" for a month. Did yours update at all through the process?
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CW4 Automotive Maintenance Warrant Officer
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Thank you for the info Sir. I wonder if I am to assume that a status of "Awaiting assignement to Scroll" means that it is already past NGB full acceptance and the backdate counter has already started should it go beyond 100 days or does that counter only start after it is assigned an actual scroll number?
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COL Randall C.
COL Randall C.
1 mo
CW4 (Join to see) - my apologies. I didn't receive a notification of your message (you didn't reply below the existing message and didn't tag me) and only now saw it (3 months later...)

Keep in mind that the language prior to the change was "Unit Vacancy Promotion (UVP) Effective Date and DOR are the same date and are established when the scroll is either approved by the SECDEF (LTCs and below) or the Senate confirmation date (COLs only)" (NGB 600-100*, para 8-3b(2)).

According to the changes in the NDAA, the 100 days should start "the date the National Guard Bureau deems such officer’s application for Federal recognition to be completely submitted by the State and ready for review at the National Guard Bureau".

So regardless of when an officer is assigned to a scroll, the clock will have started earlier than when it occurs.
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* NGR 600-100 (Commissioned Officers Federal Recognition and Related Personnel Actions) dated 6 July 2020 - https://www.ngbpmc.ng.mil/Portals/27/Publications/ngr/NGR%20600-100_20200706.pdf
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