BOARD DATE: 6 June 2013 DOCKET NUMBER: AR20120015914 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 correction of his records to show he was initially appointed in the U.S. Army Reserve (USAR) in the rank of chief warrant officer two (CW2) when he converted to the rank of warrant officer. 2. The applicant states: * when he converted from captain (O-3) to the warrant officer ranks he was appointed as a warrant officer one (WO1) when he should have been appointed as a CW2 * while in the aviation branch, he completed all requirements to be awarded the rank of CW2 * after a records review he would have been appointed as a CW2 * his warrant officer packet was routed to the U.S. Army Recruiting Command (USAREC) rather than the Direct Appointment Board held at the U.S. Army Human Resources Command (AHRC) 3. The applicant provides: * AHRC Memorandum, dated 8 August 2012 * DA Form 1059 (Service School Academic Evaluation Report), dated 4 September 2008 * U.S. Army Installation Management Command Orders 242-144, dated 29 August 2008 * Deputy Chief of Staff G-1 Memorandum, dated 4 February 2009 * DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 4 September 2008 * DD Form 214, dated 14 November 2011 * DA Form 71 (Oath of Office – Military Personnel), dated 12 May 2006 * AHRC Orders B-05-103471, dated 11 May 2011 CONSIDERATION OF EVIDENCE: 1. With prior enlisted service in the USAR, the applicant accepted an appointment in the USAR, on 12 May 2006, in the rank of second lieutenant (O1). He was promoted to first lieutenant (O2) on 26 May 2008. 2. The applicant completed the Aviation Basic Officer Leaders Course on 4 September 2008. On 4 February 2009, he was awarded the area of consideration of 15A (Aviation General). 3. He was promoted to captain (O3) on 3 May 2011. 4. On 11 July 2012, the applicant was appointed in the USAR in the rank of WO1. 5. In a memorandum to the President, Army Review Boards Agency, dated 8 August 2012, the applicant's AHRC USAR Career Manager requested that the applicant be awarded the grade/rank of CW2 in the USAR. The memorandum states: * the applicant applied for a direct appointment to warrant officer in February 2012 * due to an error at his unit, his packet was routed through the USAREC Warrant Officer Accession Board, rather than through the Direct Appointment Board and he was selected for appointment in the USAR in the rank of WO1 * the applicant completed the Officer Basic Leadership Course and "ASI-D7 (AH-64D Pilot)" training * the applicant had been reviewed by the aviation proponent and was determined to have completed all the required training to be awarded warrant officer MOS 152H (Pilot) * having completed his training and with his current time in service he was eligible for appointment as a CW2 6. Army Regulation 135-100 (Army National Guard and Army Reserve Appointment of Commissioned and Warrant Officers of the Army) establishes responsibility and provides procedures for the appointment of commissioned and warrant officers in the Reserve Components of the Army. a. Paragraph 1-9b.(1) states effective 1 October 1992, all applicants for warrant officer appointment will be appointed to WO1 on successful completion of Warrant Officer Candidate School (WOCS) or WOCS-Reserve Component, in MOS code 001A and per the procedures in paragraph 2-7.1 except applications from commissioned and former commissioned officers for appoint as a warrant officer will be reviewed by the appropriate warrant officer MOS proponent for certification for the award of the MOS prior to final action by personnel command. b. Paragraph 2-7.1.(d) states all appointments (to include current or former commissioned officers) to WO1, except appointments under paragraph 1-9b.(1) of this regulation will be contingent on technical and tactical certification by successful completion of the appropriate warrant officer basic course or certification by the MOS proponent as technically and tactically certified for award of an authorized warrant officer MOS. DISCUSSION AND CONCLUSIONS: 1. The applicant's contentions have been noted. His supporting evidence has been considered. 2. According to the AHRC USAR Career Manager, the applicant had met the education requirements for appointment as a CW2 at the time he accepted his appointment as a WO1. He had also been reviewed by the Aviation Proponent and he was determined to have completed all the required training to be awarded the warrant officer MOS of 152H. 3. Therefore, his records should be corrected to show CW2 as his rank at the time of his appointment on 11 July 2012. 4. In view of the foregoing, the applicant records should be corrected as recommended below. 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: a. showing he executed his Oath of Office and accepted an appointment in the USAR, in the rank of CW2, on 11 July 2012; and b. issuing him all back pay and allowance due as a result of the above correction. _______ _ 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) AR20120015914 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120015914 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1