IN THE CASE OF: BOARD DATE: 5 March 2009 DOCKET NUMBER: AR20080016813 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 standby promotion consideration by the Department of the Army (DA) Promotion Advisory Board using promotion criteria for 2005 through 2007. 2. The applicant states, in effect, he was a chief warrant officer two (CW2) when he transferred from the US Army Reserve (USAR) to the Army National Guard (ARNG) on 12 February 2000. He was subsequently promoted by the ARNG to the rank of chief warrant officer three (CW3) on 5 August 2000. During the same time period, the USAR considered him for promotion to CW3, but did not select him by the 1999 and 2000 DA Reserve Components Warrant Officer Selection Boards. He was discharged from the USAR on 17 June 2003. In March 2004, the applicant transferred to the USAR and he should have been considered for promotion to CW4 in 2005, 2006, and 2007, but because of his erroneous discharge status, he was not considered. 3. The applicant provides: a. electronic mail (email) from the Chief, Special Actions, DA Promotions, US Army Human Resources Command (HRC), St. Louis, MO, dated 12 September 2008; b. email from the applicant to the Commander, HRC-St. Louis, dated 12 September 2008; c. Orders D-06-322094R, HRC-St. Louis, dated 2 August 2007, voiding the 17 June 2003 discharge of the applicant; d. Orders 221-245, State of Texas, Adjutant General’s Department, Austin, TX, dated 8 August 2000, promoting the applicant to CW3, effective 5 August 2000; e. Orders 133 AR, Department of the Army and the Air Force, National Guard Bureau, Washington, DC, dated 21 August 2000, extending Federal recognition to the applicant, effective 5 August 2000; and f. a copy of Major Personnel Actions from the applicant’s Integrated Personnel Electronic Records Management System (iPERMS) records. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the ARNG on 22 February 1988. He was appointed as a warrant officer (WO1) on 9 May 1991. On 2 August 1997, he transferred from the ARNG to the USAR. On 12 February 2000, as a CW2, he transferred back to the ARNG. 2. The applicant was promoted to CW3 by the Texas ARNG (TXARNG) and extended Federal recognition on 5 August 2000. 3. For reasons unknown, the USAR did not acknowledge the applicant’s 12 February 2000 transfer to the ARNG. He was twice considered for USAR promotion to CW3 and was not selected. The USAR then discharged him on 17 June 2003. 4. On 2 March 2004, the ARNG again transferred the applicant to the USAR. As a result, he should have been considered for promotion to CW4 by the DA Reserve Components Warrant Officer Selection Boards for 2005, 2006, and 2007; however, he was not considered due to an incorrect status of having been discharged from the USAR in 2003. 5. The HRC-St. Louis published Orders D-06-322094R, dated 2 August 2007, voiding Orders D-06-322094R, dated 17 June 2003, which discharged the applicant. 6. In the processing of this case, an advisory opinion was obtained from the Chief, Special Actions Branch, DA Promotions, HRC-St Louis, which states that the applicant should have been considered for promotion to CW4 in 2005, 2006, and 2007. The opinion recommended granting promotion consideration by a DA Promotion Advisory Board under criteria for 2005, 2006, and 2007. The applicant was provided an opportunity to respond to the advisory opinion, and he concurred on 24 December 2008. 7. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes policy and procedures used for selecting and promoting commissioned officers (other than commissioned warrant officers) of the ARNG and of commissioned and warrant officers of the USAR. It provides, in pertinent part, officers and warrant officers who have either failed of selection for promotion, or who were erroneously not considered for promotion through administrative error may be reconsidered for promotion by either a promotion advisory board or a special selection board, as appropriate. DISCUSSION AND CONCLUSIONS: 1. The applicant requests standby promotion consideration by the DA Promotion Advisory Board using promotion criteria for 2005 through 2007. 2. The applicant was erroneously discharged by the USAR in 2003 for failure to be promoted to CW3. During the time of his USAR non-selection for promotion to CW3, the applicant was already a CW3 in the TXARNG. 3. Upon return to the USAR, the applicant was improperly denied promotion consideration to CW4 in 2005, 2006, and 2007. 4. The applicant's records should be reviewed for promotion using the criteria in effect in 2005, 2006, and 2007. BOARD VOTE: ___X____ ___X____ ___X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by granting him promotion consideration to CW4 under the 2005, 2006, and 2007 promotion selection criteria. XXX _________________________ 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) AR20080016813 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080016813 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1