APPLICANT REQUESTS:  In effect, the applicant requests that her date of rank for Chief Warrant Officer Two (CW2) be changed from 26 January 1988 to 26 January 1987.  

APPLICANT STATES:  In effect, the applicant states that Army Regulation 135-155, paragraph 2-3a and table 2-1.1 prescribes that the minimum promotion service for promotion to CW2 is two years.   

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant was appointed as a warrant officer (WO1) by the Army National Guard effective 8 January 1985.  She was promoted to CW2 effective 26 January 1988.  Authority for the promotion was National Guard Regulation 600-101, 
Chapter 7.

Chapter 7 of the aforementioned regulation, then in effect, prescribes the policies and requirements for Federal recognition of promotion of warrant officers in the Army National Guard.  Paragraph 7-3 states, in pertinent part, that promotion will be accomplished only when an appropriate position vacancy in the grade exists in the unit, and that all warrant officers recommended for promotion must be fully qualified.  Paragraph 7-9 of that regulation prescribes the minimum years of promotion service prior to being considered for promotion and Federal recognition in the higher grade.  Table 7-1 states that 3 years is the minimum number of years in lower grade for promotion to CW2. (NOTE:  A later version of that regulation, effective 15 April 1989, changed the minimum promotion service for CW2 to 2 years).

Army Regulation 135-155, then in effect, prescribes policy and procedures for promotion of warrant officers.  Paragraph 2-3a states that promotion service is computed based on  years of service performed in the current permanent WO grade.  As of 1 October 1986, service performed in the equivalent temporary (AUS) WO grade held at the time of the individual’s  most recent appointment in the Reserve of the Army will be credited.  Table 2-1 prescribes that the service requirement for promotion to CW2 is 3 years in the lower grade.  (NOTE:  A later version of that regulation added a Table 2-1.1, changing the service requirement for promotion to CW2 from 3 years to 2 years).

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  The minimum promotion service for promotion to CW2 in 1988 was three years.  The applicant could not have been promoted earlier than 8 January 1988.    

2.  In the absence of evidence to the contrary, it is presumed that the applicant’s promotion to CW2 effective on 
26 January 1988 is correct and in accordance with appropriate regulations.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

4.  In view of the foregoing, there is no basis for granting the applicant’s request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director