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ARMY | BCMR | CY1990-1993 | 9313695
Original file (9313695.rtf) Auto-classification: Denied
APPLICANT REQUESTS: Reinstatement of his dual component status and retroactive retirement in the rank of chief warrant officer two (CW2) effective 1 March 1994.
APPLICANT STATES : In effect, that he was never afforded the opportunity to participate in the Reserve Component Dual Component Program and was therefore denied the opportunity to retire in the highest grade he held (CW2). He goes on to state that be believes that he should have been entitled to retire in the rank of CW2 instead of the pay grade of E-6 and that he would have taken the necessary steps to request enrollment in the program had he known of the requirement to do so before it was discontinued. In support of his application he submits a copy of the message that closed the Reserve Component Dual Component Program to further accessions.

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

After serving 10 years, 5 months, and 18 days of total active service, the applicant was honorably discharged on 19 May 1988 in the pay grade of E-6 for the purpose of accepting an appointment as a USAR warrant officer with a concurrent call to active duty.

On 20 May 1988 he was appointed to the rank of warrant officer one (WO1) in the USAR with a concurrent call to active duty.

On 6 September 1989, the Deputy Chief of Staff for Personnel (DCSPER) dispatched an electronic message which closed the Reserve Component Dual Component Program and established as a condition of enlistment, that officers resign their USAR commissions (This message had no effect on the applicant, as he was serving on active duty as a USAR officer).

On 13 June 1990, while stationed in Germany, the applicant received a general officer letter of reprimand which was subsequently directed to be filed in the applicant’s official military personnel file.

He was promoted to the rank of CW2 on 30 June 1990.

On 24 June 1991 he was honorably released from active duty under the provisions of Army regulation 635-100, paragraph 3-58a, for failure to meet minimum retention standards. He had served 3 years, 1 month, and 5 days of active service as a warrant officer and 13 years, 6 months, and 23 days of total active service.

He again enlisted in the USAR under the Delayed Entry Program (DEP) on 23 December 1991 and then enlisted in the Regular Army on 4 March 1992 for a period of 3 years in the pay grade of E-6.

On 28 February 1994 the applicant was honorably released from active duty under the provisions of Army Regulation 635-200, chapter 12, and the Voluntary Early Retirement Program (VERP). He was transferred to the USAR Control Group (Retired) in the pay grade of E-6 effective 1 March 1994. He had served 15 years, 6 months, and 25 days of total active service.

Army Regulation 601-210 sets forth the authority for the procurement of personnel through the Regular Army (RA) and Army Reserve Enlistment Program. It states, in effect, that an officer, commissioned or warrant, who is otherwise qualified, may enlist in the RA or USAR, however, as a condition of enlistment, the officer must resign his or her commission. Under no circumstances will officers be led to believe that they may retain their commission or warrant under the Reserve Dual Component Program.

Title 10, United States Code, section 261(b) states, in pertinent part, that no person may be a member of more than one Reserve component at a time.

Section 3964 of that title provides that each warrant officer and enlisted member of the RA, is entitled, when his or her active service plus service on the retired list totals 30 years, to be advanced on the retired list to the highest temporary grade in which he served on active duty satisfactorily, as determined by the Secretary of the Army. It also provides, in section 1371, that warrant officers are entitled to retire as warrant officers in the grade they held the day prior to retirement, provided they held the grade satisfactorily for a period of more than 30 days.

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

1. In order for the applicant to be retired as a warrant officer on 1 March 1994, he had to hold status as a USAR warrant officer on the day prior to his retirement. The applicant had no status as a warrant officer at the time he retired, nor was he eligible for accession into the Reserve Component Dual Component Program.

2. At the time the applicant exercised his statutory entitlement to enlist within 6 months of his separation as a warrant officer, a condition of enlistment was that he resign his USAR commission.

3. The applicant contends that he was unaware that the Reserve Component Dual Component Program had been discontinued and that he was not afforded the opportunity to make known his choices in the matter; however, the issue has no merit. At the time the program was suspended, the applicant was a USAR warrant officer serving on active duty and was not eligible to participate in the program.

4. Although the applicant was not eligible to retire as a warrant officer on 1 March 1994, this will not preclude him from being advanced to the rank of warrant officer on the Retired list when his service on the Retired list combined with his active service totals 30 years.

5. 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.

6. 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

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