| Mr. Carl W. S. Chun | Director | |
| Ms. Gale J. Thomas | Analyst |
| Ms. Joann H. Langston | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Ms. Karen A. Heinz | Member |
APPLICANT REQUESTS: In effect, that his promotion to Chief Warrant Officer Five (CW5) be reinstated.
APPLICANT STATES: That he served as a CW5 for two and a half years before his promotion was revoked, and that he was unaware of the educational requirement needed for the position and the promotion.
EVIDENCE OF RECORD: The applicant's military records show:
In July 1969, the applicant was appointed as a Reserve Warrant Officer (W01).
He was promoted in the Army National Guard to the grades of CW2, CW3, and CW4, on 28 July 1970, 14 July 1978 and 18 October 1984, respectively.
On 21 August 1996, the applicant was promoted to the grade of CW5, and assigned to a new duty position in the military occupational specialty (MOS) 155E.
At the time of his promotion the applicant was not qualified for MOS 155E, but was promoted with the stipulation that he successfully complete the Fixed Wing Multi-Engine Qualification Course, which would have certified him for MOS 155E and solidified his promotion.
On 8 February 1996, the applicant enrolled in the Fixed Wing Multi-Engine Qualification Course. However, he failed to achieve course standards and was eliminated from the course.
On 1 April 1999, as a result of his being eliminated from the Fixed Wing Multi-Engine Qualification Course and nullifying the condition of his promotion, his promotion to CW5 was revoked. He was permitted to retain all pay and allowances associated with the conditional promotion.
Army Regulation 600-101 provides, in pertinent part, that to be eligible for a Reserve of the Army promotion an individual must be in an active status and be qualified in the assigned duty military occupational specialty (DMOS).
Army Regulation 600-101, also provides that warrant officers who are assigned to positions for which they are not duty MOS qualified are not eligible for promotion, and must complete proponent certification requirements for the new duty MOS within two years from the date of assignment.
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. The applicant was promoted to CW5 under the condition that he complete the Fixed Wing Multi-Engine Qualification Course which would have qualified him for his new duty MOS 155E. The applicant was given two years to become certified in the new MOS. However, he failed to complete the required course and his promotion was revoked. The applicant was allowed to retain all pay and allowances received during the period of his promotion.
2. The applicant's contention that he was unaware of the educational requirements for the position and promotion is without merit. The fact that he was enrolled in the Fixed Wing Multi-Engine Qualification Course supports the conclusion that he knew the course was needed to fulfill the educational requirement for his new DMOS. He failed to achieve course standards and was eliminated from the course.
3. 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 to show that there was an error or injustice in this case.
4. 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
__JHL___ __MHM__ __KAH__ DENY APPLICATION
| CASE ID | AR2001056262 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20010918 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 131.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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