| Mr. Carl W. S. Chun | Director | |
| Ms. Stephanie Thompkins | Analyst |
| Ms. Margaret K. Patterson | Chairperson | |
| Mr. Christopher J. Prosser | Member | |
| Mr. Harry B. Oberg | Member |
APPLICANT REQUESTS: Promotion reconsideration to chief warrant officer four (CW4).
APPLICANT STATES: That his military education does not include the completion of the Warrant Officer Senior Course (WOSC) on 11 July 1995. In addition he completed a flight physical at McDill Air Force Base on 3 August 2001. He also states that he believes he has the requisite military education for promotion to CW4 and should have been promoted during the 2001 board. In support of his application he submits a memorandum stating that he was informed that he was not promoted to CW4 due to a lack of military education and his last officer evaluation report (OER) he received from the Florida Army National Guard (FL ARNG), a copy of his Form 157 issued by the Army Institute for Professional Development, US Army Training Support Center, Newport News, Virginia and his OER for the period ending 4 May 2000.
EVIDENCE OF RECORD: The applicant's military records show:
He was appointed in the Reserve as a warrant officer one effective 14 March 1985. He entered on active duty for 4 years.
He was honorably separated for the expiration of the term of service effective 13 March 1989 and transferred to the USAR Control Group (Reinforcement).
He attained the grade of CW3 effective 4 March 1993.
He was appointed in the FL ARNG effective 8 August 1993.
The Form 157 submitted by the applicant indicates that he completed the correspondence phase of the Reserve Components Aviation Senior Warrant Officer Training Course (SWOT) effective 11 July 1995.
He was honorably separated from the FL ARNG effective 1 October 2000 and transferred to the USAR Control Group.
He was considered and not selected for promotion to CW4 by the 2001 Reserve Components Selection Board (RCSB). He was not qualified for promotion based on the lack of the required military education.
His records show he completed the correspondence phase of the SWOT course. His records do not show a course completion diploma or a DA Form 1059 (Service School Evaluation Report) for completion of the military education requirement of the Warrant Officer Advance Course (WOAC) or SWOT.
The OER for the period ending 4 May 2000 submitted by the applicant has not been senior rater profiled, as required for filing and promotion review purposes.
Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers. This regulation specifies that promotion reconsideration by a standby promotion advisory board may only be based on erroneous non-consideration or material error, which existed in the records at the time of consideration. Material error in this context is one or more errors of such a nature that, in the judgment of the reviewing official (or body), it caused an individual’s non-selection by a promotion board and, that had such error(s) been
corrected at the time the individual was considered, a reasonable chance would have resulted that the individual would have been recommended for promotion. The regulation also provides that boards are not required to divulge the proceedings or the reason(s) for non-selection, except where an individual is not qualified due to non-completion of required military schooling.
Army Regulation 135-155 also states completion of the WOAC (formerly SWOT) is required for promotion to CW4.
Official records and promotion board procedures require that Departmental Senior Rater Profiles be affixed to OER’s prior to filing in individual’s records and completed 90 days prior to review by a selection board.
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 view of the circumstances in this case, the applicant is not entitled to promotion reconsideration to CW4. He has not shown error, injustice, or inequity for the relief he now requests.
2. The Board has noted his contentions that he completed the WOSC on 11 July 1995 and that he was advised that he was not promoted due to the lack of military education and his last OER received from the FL ARNG. However, while the documentation submitted by the applicant shows he completed the correspondence phase of the SWOT course only, his records do not show a course completion diploma or a DA Form 1059. The Board also notes that the OER for the period ending 4 May 2000 is not senior rater profiled, as required.
3. The Board concludes that the applicant may submit a copy of his diploma or a DA Form 1059 and a profiled copy of the OER for period ending 4 May 2000 to the Office of Promotions and reapply for promotion reconsideration to CW4.
4. 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.
5. 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
_HBO___ _MKP___ _CJP___ DENY APPLICATION
| CASE ID | AR2002068123 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020829 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 131.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2009 | 20090020321
The applicant provides: * congressional correspondence * a memorandum to the Army Board for Correction of Military Records (ABCMR), dated 19 November 2009 * a copy of the OER with an ending date of 3 October 1991 * a copy of his Officer Record Brief with a preparation date of March 1993 * copies of course completion documents for the Warrant Officer Support Maintenance Technician Course * an Army Achievement Medal Certificate * a Junior Officer Maintenance Course diploma * a DA Form 1059...
ARMY | BCMR | CY2001 | 2001064687C070421
APPLICANT REQUESTS: In effect, the applicant requests that he be retained in an active Reserve status and promoted to Chief Warrant Officer Four (CW4); or that he be allowed to attend phase II of the food service technician (MOS 922A0) warrant officer advanced course (WOAC) or a comparable course in order to be eligible for promotion to CW4. On 17 December 1998 the Warrant Officer Career Center (WOCC) at Fort Rucker informed the applicant that he had the option of completing the nonresident...
ARMY | BCMR | CY2007 | 20070010157
The NGB recommends approval of the applicant's request to adjust his promotion effective date and date of rank to 1 October 2006 based on the applicant having been enrolled in the WOSC and having been removed from the course list due to mobilization in support of OIF. The evidence shows that the applicant was scheduled to attend WOSC on 10 July 2005 and had met all the requirements for promotion to CW4. Through no fault of the applicant he was not able to attend the WOSC and therefore, he...
ARMY | BCMR | CY2001 | 2001053396C070420
His records did not show the date he completed the WOSC when reviewed by the selection board. Army Regulation 135-155 also indicates that effective in 1994 completion of any WOSC is required for promotion to CW4. Notwithstanding the opinion received in this case, it is also noted that while the WOSC completion certificate is not dated, the applicant’s records show he completed the WOSC in 1987 and is educationally qualified for promotion to CW4.
ARMY | BCMR | CY2002 | 2002073057C070403
However, in this case, the applicant could not be selected based on the fact his 2000 record did not reflect completion of the required military education requirements (WOAC) by the convene date of the board. The applicant submitted an Application for Correction of Military Records (DD Form 149) requesting a STAB due to a Code 11, OER missing from his 2001 file. However, pertinent regulations do not specify that an OER Code 11, Promotion Report is required for subsequent promotion...
ARMY | BCMR | CY2002 | 2002083231C070215
The applicant states, in effect, that he was not selected for promotion to chief warrant officer four (CW4) because his AER (DA Form 1059), which showed his completion of the warrant officer advance course (WOAC) was not recorded in his record. It states, in pertinent part, that officers and warrant officers who have either failed selection for promotion, or who were erroneously not considered for promotion through administrative error may be reconsidered for promotion by either a promotion...
ARMY | BCMR | CY2006 | 20060015976
He requested and received a correction to his military records and in September 2003 was promoted to CW3 with a date of rank of 8 March 1998. When he was not promoted to CW4 on 8 March 2004, he inquired and was told that he needed to complete the WOSC to be eligible for promotion consideration. However, the NGB denied his request and so informed the applicant that he was required to complete this course of study prior to being promoted.
ARMY | BCMR | CY2009 | 20090018084
The NGB stated that when the applicant was promoted the education waiver provision had expired and the applicant was not qualified in the MOS for which he was being promoted into. The NGB states that the applicant was promoted to CW4 without having completed the required training (WOSC) or time in grade (TIG). Army Regulation 135155, Army National Guard and U.S. Army Reserve Promotion of Commissioned Officers and Warrant Officers Other Than General Officers, Table 23, Warrant officer...
ARMY | BCMR | CY2011 | 20110020759
The applicant states: * he was passed over for promotion from CW3 to CW4 by the FY2011 CW4 Promotion Selection Board because he had not met the pre-requisites for military education (Chief Warrant Officer Advanced Course (WOAC)) * the FY2011 CW4 Non-AGR Promotion Selection Board did [not] give proper consideration to his packet * he was attending WOAC during the period 28 March 2011 to 29 April 2011 when the FY2011 CW4 Non-AGR Promotion Selection Board began on 12 April 2011 * this should...
ARMY | BCMR | CY2009 | 20090001995
Medical records covering the period from 16 May to 25 May 2005 documenting the applicant's treatment for acute bronchitis and pneumonia; c. A memorandum from the applicant to the President of the Promotion Board, dated 30 January 2008, requesting a waiver of the WOAC requirement for promotion to CW4 in which she outlines the history of her efforts to attend the WOAC and the reasons she had not been successful in scheduling and completing the course, which included her "civilian job and...