| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Ms. JoAnn H. Langston | Chairperson | ||
| Ms. Margaret V. Thompson | Member | ||
| Mr. Richard T. Dunbar | Member |
APPLICANT REQUESTS: In effect, that he be advanced on the Retired List to the rank and pay grade of chief warrant officer three/W-3 (CW3/W-3).
APPLICANT STATES: In effect, that he was promoted to CW3 in the United States Army Reserve (USAR) on 10 July 1990. He states that he received a copy of the promotion memorandum while serving in Operation Dessert Storm on 23 January 1991. In support of his application, he submits a copy of the promotion memorandum to CW3/W-3.
EVIDENCE OF RECORD: The applicant's military records show:
He served on active duty in an enlisted status for 9 years, 1 month, and 13 days, from 26 May 1972 to 9 July 1981, at which time he was honorably discharged, in the rank and pay grade of staff sergeant/E-6 (SSG/E-6), in order to accept a warrant officer appointment.
On 10 July 1981, the applicant was appointed a warrant officer one (WO1) in the United States Army Reserve (USAR) and entered active duty in that status. He was promoted to chief warrant officer two/W-2 (CW2/W-2) on 10 July 1983. The applicant served on active duty as a warrant officer for 7 years, 2 months, and
26 days. On 5 October 1998, he was honorably separated, in the rank and pay grade of CW2/W-2, as a result of his failure to be selected for promotion.
On 6 October 1988, the applicant reenlisted in the Regular Army in an enlisted status as a SSG/E-6. He continuously served in that status until 31 May 1995, when he was released from active duty (REFRAD) for the purpose of retirement. At the time of his REFRAD, he had completed total of 20 years and 5 days of active military service, and he held the rank and pay grade of SSG/E-6. On the following day, 1 June 1995, he was placed on the Retired List in the rank and pay grade of CW2/W-2, which was the highest rank and pay grade in which he satisfactorily served on active duty.
While serving on active duty in an enlisted status between 1988 and 1995, the applicant also retained his warrant officer status in the USAR. A promotion memorandum, dated 23 January 1991, issued by the Total Army Personnel Command (PERSCOM), St. Louis, Missouri, shows that on 10 July 1990, he was promoted to CW3/W-3 in the USAR, while still serving as a SSG/E-6 in the Regular Army on active duty. The record contains no indication that the applicant ever served on active duty as a CW3/W-3.
On 18 September 2002, the Army Grade Determination Review Board (AGDRB), at his request, reviewed the applicant’s record and considered him for advancement to CW3/W-3 on the Retired List. The AGDRB determined that the applicant was not eligible for advancement on the Retirement List to CW3/W-3 because he had never served on active duty in that rank and pay grade.
Under the provisions of Army Regulations 600-39, the Dual Component Program, which were in effect at the time the applicant served, individuals serving in the Regular Army in an enlisted or warrant officer status were allowed to hold concurrent commissioned officer grades in the USAR.
However, Title 10 of the United States Code, section 1371 contains the legal authority for assignment of warrant officer retired grades. It states, in pertinent part, that unless entitled to a higher retired grade under some other provision of law, a warrant officer retires in the permanent regular or reserve warrant officer grade that he held on the day before the date of his retirement, or in any higher warrant officer grade in which he served on active duty satisfactorily, for a period of more than 30 days.
Title 10, United States Code, section 3964, provides the legal authority for advancement on the Retired List. It states that a retired enlisted member or warrant officer of the Army who is retired with less than 30 years of active service is entitled, when his active service plus his service on the Retired List totals
30 years, to be advanced on the Retired List to the highest grade in which he served on active duty satisfactorily. Rank placement on the Retired List is based solely on the highest rank in which a member satisfactorily served on active duty, USAR service in an inactive status while a member of a dual component program does not satisfy this active duty satisfactory service provision of the law.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and it is concluded:
1. The Board notes the contention of the applicant that he should have been advanced to the rank and pay grade of CW3/W-3 on the Retired List. However, it finds insufficient evidence to support this claim.
2. By law, advancement on the Retired List is limited to enlisted members and warrant officers of the Army and is only authorized when the member has satisfactorily served on active duty in a higher pay grade.
3. The evidence of record reveals that the applicant was placed on the Retired List in the highest warrant officer rank and pay grade he held, and in which he satisfactorily served while on active duty. Therefore, the Board concludes that he was appropriately placed on the Retired List as a CW2/W-2.
4. The record further verifies that the applicant’s promotion to CW3/W-3 was in the USAR and attained while he was serving on active duty in an enlisted status as part of a dual component program. There is no evidence to show that he ever served on active duty in that rank and pay grade. Thus, the Board concludes the applicant is not eligible to be advanced on the Retired List based on this USAR promotion to CW3/W-3.
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
__JHL__ __MVT__ ___RTD__ DENY APPLICATION
| CASE ID | AR2002079077 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/10/17 |
| 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. | 131.0900 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2010 | 20100014975
The applicant requests correction of his records to show his retired pay grade as chief warrant officer three (CW3)/W-3, the highest rank/grade he satisfactorily held while on active duty, instead of sergeant first class (SFC)/E-7. Title 10, U.S. Code, section 1371 provides that unless entitled to a higher retired grade under some other provision of law, a warrant officer retires, as determined by the Secretary concerned, in the permanent regular or reserve warrant officer grade, if any,...
ARMY | BCMR | CY2009 | 20090017334
He was honorably retired on 30 April 2009 and placed on the retired list in his retired grade of CW3 on 1 May 2009. It provides that an enlisted member or a warrant officer who is retired with less than 30 years of active service is entitled, when their active service plus their service on the Retired List totals 30 years, to be advanced on the Retired List to the highest grade in which they served on active duty satisfactorily as determined by the Secretary of the Army. The law allows for...
ARMY | BCMR | CY2014 | 20140015621
The applicant requests, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 31 March 1976 to show he was retired in the rank/grade of Chief Warrant Officer Three (CW3)/W-3. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The DD Form 214 provides a record of a Soldier's active Army service at the time of release from active duty and does not reflect other...
ARMY | BCMR | CY2001 | 2001059673C070421
Rank placement on the Retired List is based solely on the highest rank in which a member satisfactorily served on active duty, USAR service in an inactive status while a member of a dual component program does not satisfy this active duty satisfactory service provision of the law. The evidence of record reveals that the applicant was advanced to the rank and grade of CPT/0-3 on the Retired List by the AGDRB based on this being the highest commissioned officer rank and pay grade he held and...
ARMY | BCMR | CY2006 | 20060014902
These orders show, in pertinent part, the applicant was retired from active duty on 30 September 1980 and placed on the Retired list in the grade of CW2 (W-2), effective 1 October 1980. It states, in pertinent part, that warrant officers and enlisted members of the Army are entitled, when their active service plus their service on the Retired list totals 30 years, to be advanced on the Retired list to the highest grade in which they served on active duty satisfactorily. The evidence of...
ARMY | BCMR | CY2014 | 20140005563
Counsel provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 March 2008 * PTA * Post-Trial Recommendations and GCMCA's Action * Request for Retirement * Department of the Army approval of retirement in the rank/grade of CW2/W-2 * Stipulation of Fact CONSIDERATION OF EVIDENCE: 1. By law, the applicant was erroneously considered by the AGDRB and retired in the rank/grade of CW2/W-2 with an effective date of pay grade of 31 March 2008 and he...
ARMY | BCMR | CY2007 | 20070000242
He completed his initial training and served on active duty through a series of enlistments until his discharge on 27 February 1997 to accept an appointment as a warrant officer. There is no evidence of record showing that he submitted any mitigating evidence or argument. The evidence of record clearly shows that the applicant was promoted to CW3 on 1 February 2004.
ARMY | BCMR | CY2012 | 20120011957
The applicant's military record shows he enlisted in the Regular Army (RA) in pay grade E-1 on 27 May 1977. Title 10, U.S. Code, section 3964, states each retired member of the Army covered by subsection (b) who is retired with less than 30 years of active service is entitled to be advanced on the Retired List to the highest grade in which he or she served on active duty satisfactorily as determined by the Secretary of the Army when his or her active service plus his or her service on the...
ARMY | BCMR | CY2014 | 20140003418
TAPC Orders S130-21, dated 13 July 1994, states his retired grade for pay is CPT and his retired grade of rank is MAJ. 6. There is no evidence the applicant served on active duty as a MAJ. 7. There is no evidence he served on active duty in the grade of MAJ.
ARMY | BCMR | CY2002 | 2002077484C070215
It states, in pertinent part, that warrant officer and enlisted members of the Army are entitled, when their active service plus their service on the retired list totals 30 years, to be advanced on the Retired List to the highest grade in which they served on active duty satisfactorily. The evidence of record confirms that the applicant was REFRAD and placed on the Retired List in the rank and pay grade of SSG/E-6 under the provisions of law pertaining to RA enlisted members who have...