| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Mr. John N. Slone | Chairperson | |
| Ms. Margaret V. Thompson | Member | |
| Mr. William D. Powers | Member |
APPLICANT REQUESTS: In effect, that he advanced on the Retired List to the rank and pay grade of chief warrant four/W-4 (CW4/W-4).
APPLICANT STATES: In effect, that he was promoted to CW4/W-4 on
1 December 1987. In support of his application, he submits a copy of a promotion order issued by the Total Army Personnel Command (PERSCOM), which authorized his promotion to CW4/W-4, effective 1 December 1987, his retirement order, and his Certificate of Release or Discharge from Active Duty (DD Form 214).
EVIDENCE OF RECORD: The applicant's military records show:
On 31 January 1988, he was released from active duty (REFRAD) for the purpose of retirement, after completing over 20 years of active military service, and on the following day he was placed on the Retired List in the rank and pay grade of CW3/W-3.
In February 1987, while assigned to Fort Stewart, Georgia, the applicant submitted his application requesting voluntary retirement. On 4 May 1987, this request was approved by PERSCOM and on 28 October 1987, Orders Number S206-14, issued by PERSCOM, directed the applicant’s retirement, effective
31 January 1988, and his placement on the Retired List the following day in the rank and pay grade of CW3/W-3.
Promotion Orders Number 135-01, issued by PERSCOM, dated 16 November 1987, authorized the applicant’s promotion to CW4/W-4, effective 1 December 1987.
Army Regulation 624-100, in effect at the time, prescribed the policy and procedure for the promotion of commissioned officers on active duty and warrant officers in the Army of the United States (AUS) and the Regular Army (RA). Chapter 1, paragraph 9, stated, in pertinent part, that warrant officers with who had voluntary retirement applications approved by PERSCOM would be placed in a nonpromotable status.
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 Board notes that the applicant voluntarily requested retirement in February 1987 and that this request was approved by PERSCOM on 4 May 1987. Orders Number S206-14, issued by PERSCOM, dated 28 October 1987, directed his REFRAD for the purpose of retirement on 31 January 1988, and his placement on the Retired List, in the rank and pay grade of CW3/W-3, the following day.
2. The applicant’s approved retirement by the appropriate authority placed him in a nonpromotable status in accordance with regulatory guidance.
3. PERSCOM published an order promoting the applicant to CW4 with an effective date of 1 December 1987, after his approved retirement. Therefore, the promotion orders were invalid because the applicant was in a nonpromotable status.
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
__JNS__ __ MVT __ __WDP__ DENY APPLICATION
| CASE ID | AR2001056720 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2001/07/24 |
| 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. | 129.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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