IN THE CASE OF: BOARD DATE: 30 APRIL 2009 DOCKET NUMBER: AR20090001113 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, promotion consideration for chief warrant officer three (CW3) by a Standby Advisory Board (STAB) under the 1999 through 2005 criteria and if selected promotion consideration for chief warrant officer four (CW4) by the appropriate boards. 2. The applicant states, in effect, that he was not considered for promotion to CW3 by the 1999 through 2005 promotion selection board. 3. The applicant provides a self-authored letter, dated 7 November 2008; and an endorsement letter from his commander, dated 15 September 2008, in support of this application. CONSIDERATION OF EVIDENCE: 1. The applicant was released from active duty training and returned to the California Army National Guard (CAARNG) in Chico on 14 December 1975. 2. After leaving prior enlisted service in the CAARNG on 15 August 1981, the applicant was appointed as a second lieutenant in the Army National Guard. He was discharged on 2 February 1994 in the rank of captain (O-3). 3. On 3 February 1994, the applicant was appointed a chief warrant officer two in the ARNG. 4. The applicant was considered for promotion to CW3 by the Fiscal Year 2006 and 2007 Chief Warrant Officer Boards. He was recommended for promotion to CW3 by the 2008 promotion board and promoted with a date of rank (DOR) of 3 February 2000 and an effective date of 5 August 2008. 5. In processing this case, an advisory opinion was obtained from the Chief, Special Actions Branch, Human Resources Command, St. Louis who indicates that the applicant was in the zone for promotion consideration to CW3 by the Department of Army Promotion Advisory Boards under the 1999 through 2005 criteria but was omitted from consideration by those boards. 6. A copy of the advisory opinion was forwarded to the applicant for his information and possible comment. On 10 March 2009, the applicant concurred with the advisory opinion rendered in his case. 7. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other than General Officers) states in pertinent part that 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 (warrant officers) or a special selection board (commissioned officers other than commissioned warrant officers), as appropriate. DISCUSSION AND CONCLUSIONS: 1. Based on a review of the applicant’s records by the Office of Promotions, Reserve Components, Human Resources Command, St. Louis, the applicant has established a basis for promotion consideration by a warrant officer STAB under the 1999 through 2005 criteria due to omission from consideration by those boards. 2. In the event that the applicant is promoted under the 1999 through 2005 criteria it would be appropriate for the applicant to be given promotion consideration for CW4 under the 2006 through 2008 criteria with an educational waiver. 3. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below. BOARD VOTE: ____X____ ____X____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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 submitting his records to a duly constituted STAB for promotion consideration for CW3 under the 1999 through 2005 criteria. If selected, his records should be corrected to show he was promoted to CW3 on his date of eligibility as determined by appropriate Departmental officials provided he was otherwise qualified and met all other prerequisites for promotion. 2. Additionally, if selected for promotion to CW3, he should then be considered for consideration to CW4 by a duly constituted STAB under the 2006 through 2008 criteria with an educational waiver. 3. That if not selected, the applicant be so notified. _______ _ __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) AR20090001113 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090001113 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1