APPLICANT REQUESTS: That, he be retired as a captain instead of a chief warrant officer three (CW3).
APPLICANT STATES: That his USAR commission was involuntarily vacated. He was told upon reaching CW3 in the Regular Army that he would be reinstated as a captain in the USAR and be eligible to receive the retired pay of a captain.
EVIDENCE OF RECORD: The applicant's military records show:
He entered active duty as a USAR second lieutenant on 6 January 1976 and was released and transferred to USAR status on 31 August 1987 as a captain. On 1 September 1987 he was appointed a USAR warrant officer with concurrent call to active duty. He was promoted to CW2 effective 31 May 1990. Meanwhile, he had also been promoted to major in his USAR status effective 31 May 1989. He was promoted to the Regular Army grade of CW3 on 15 October 1993.
In an opinion (COPY ATTACHED) to the Board, the Office of the Chief, Army Reserve recommended that the applicants request be denied.
Army Regulation 135-175, Separation of Officers, provides in pertinent part, that the appointment as a reserve officer of the Army is vacated effective the date immediately preceding the date the officer enlists, or executes an oath of office for appointment in a new military status. A USAR commissioned officer vacates his reserve appointment when he accepts an appointment as a reserve of the Army, in a warrant officer grade, for service in the Army reserve.
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, it is concluded:
1. When the applicant, as a USAR captain, accepted an appointment as a USAR warrant officer on 1 September 1987, he vacated his USAR captain status. As indicated in the above referenced regulation, multiple membership in the USAR as an officer, warrant officer or enlisted member is incompatible.
2. Since his commissioned officer status was terminated upon his appointment as a warrant officer he no longer has status as a captain and is, therefore, not eligible for retirement in that grade.
3. As indicated in the attached opinion, the only way the applicant could currently hold dual component status, would be if he was reappointed as a reserve commissioned officer. Since the dual component program was closed for further accessions on 6 September 1989 by the Assistant Secretary of the Army (Manpower and Reserve Affairs), the applicant cannot be appointed into the reserve component.
4. In view of the foregoing, there appears to be no basis for granting the applicants 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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