| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Ms. Barbara J. Ellis | Member |
APPLICANT REQUESTS: That he be promoted to Chief Warrant Officer Three (CW3), U. S. Army Reserve (USAR) with a date of rank of 6 July 1997 and that he receive back pay retroactive to that date.
APPLICANT STATES: The applicant defers to counsel.
COUNSEL STATES: Counsel for the applicant states that the applicant was selected for promotion to CW3 by the 1996 Army Reserve Components Selection Board and advised that his effective date of promotion would be 6 July 1997. Thereafter, he was notified that he was required to Show Cause for retention on the grounds that he had allegedly used marijuana. The Show Cause board was not convened for approximately 2 years. He was exonerated of any wrongdoing and it was concluded that he did not use illegal drugs and that he should not be discharged from the USAR. Therefore, the applicant is entitled to be promoted.
EVIDENCE OF RECORD: The applicant's military records show:
He was appointed a Warrant Officer One in the USAR on 6 July 1989. He was promoted to Chief Warrant Officer Two (CW2) on 6 July 1991. He was notified by letter dated 24 June 1996 that he had been selected for promotion to CW3 with a promotion eligibility date of 6 July 1997.
On an unknown date but prior to 6 July 1997, the applicant transferred to the Army National Guard (ARNG).
Army Regulation 135-155 prescribes policy and procedures used in the selection and promotion of commissioned officers (but not warrant officers) of the Army National Guard of the United States. It applies to commissioned and warrant officers of the USAR.
National Guard Regulation 600-101 prescribes polices and requirements for Federal Recognition of promotion of warrant officers in the ARNG. It states that the promotion of warrant officers in the ARNG is a function of the State. A warrant officer promoted by State authorities has a State status in the higher grade. However, to be extended Federal recognition in the higher grade, the warrant officer must have satisfied the requirements prescribed by this regulation. Figure 7-2 shows that the immediate commander recommends a warrant officer for promotion to the next higher grade in the State ARNG. The recommendation is routed to a Federal Recognition Board, whose favorable recommendation is approved by the State Adjutant General or representative.
In the processing of this case, an advisory opinion was obtained from the U. S. Total Army Personnel Command, Office of Promotions, Reserve Components. That office stated that Reserve selection for warrant officer promotion does not transfer to the National Guard. Since the applicant transferred to the ARNG prior to his promotion eligibility date of 6 July 1996, their office cannot promote him.
A copy of the advisory opinion was provided to the applicant and his counsel for comment or rebuttal. Neither responded within the given time frame.
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 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 this requirement.
2. The evidence shows that it was not the fact the applicant had to Show Cause that caused him not to be promoted. He was not promoted because he had transferred to the ARNG prior to his promotion eligibility date. A USAR selection for warrant officer promotion does not transfer to the National Guard.
3. 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
__fne___ __mhm___ __bje___ DENY APPLICATION
| CASE ID | AR2001056132 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20011018 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 131.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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