| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. Arthur A. Omartian | Chairperson | |
| Mr. Thomas Lanyi | Member | |
| Mr. Harry B. Oberg | Member |
APPLICANT REQUESTS: In effect, reconsideration for promotion to Chief Warrant Officer Four (CW4).
APPLICANT STATES: In effect, that he was passed over twice for CW4 and discharged. He contends that he would like to come back on active duty. In support of his application, he submits a letter of explanation, dated 18 February 2003; a copy of a DD Form 214 (Report of Transfer or Discharge) for the period ending 27 March 1973; a DD Form 215 (Correction to DD Form 214), dated
12 November 2002; orders for the Bronze Star Medal, dated 18 November 1970; orders for the Air Medal, dated 19 March 1970; orders for the Air Medal (Second Award) with "V" Device, dated 7 April 1970; orders for "Award of the Master Army Aviator," dated 15 September 1987; reassignment orders, dated 16 February 1972; orders designating him as an instructor pilot, dated 29 April 1971; orders certifying him as an instructor pilot, dated 13 April 1972; orders appointing him as a maintenance test pilot, dated 1 March 1978; four Officer Evaluation Reports; and an Officer Evaluation Report Support Form.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Regular Army on 28 October 1968 for a period of
2 years. He was honorably discharged on 19 October 1969 to accept a Warrant Officer appointment. He was appointed as a Reserve Warrant Officer One on
20 October 1969 and entered active duty. On 27 March 1973, the applicant was released from active duty in the rank of CW2. The applicant was promoted to CW3 on 6 April 1981.
The applicant was considered but not selected for promotion to CW4 by the 1989 Reserve Components Selection Board (RCSB). He was again considered but not selected for promotion to CW4 by the 1990 RCSB.
On 22 September 1990, the applicant was honorably discharged from the USAR Ready Reserve under the provisions of Army Regulation 135-175.
Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other Than General Officers), paragraph 4-27b, states that an officer who twice fails to be selected for promotion to the grade of W-3, W-4, captain, major, or lieutenant colonel will not be considered again for promotion.
Army Regulation 135-175 provides policy, criteria, and procedures governing the separation of officers of the Army National Guard of the United States (ARNGUS) and the United States Army Reserve (USAR), except for officers serving on active duty or active duty training exceeding 90 days. Paragraph 4-4 pertains to the removal from an active status. It states, in pertinent part, that officers in the grade of a chief warrant officer, W-2, or W-3, who completed their statutory military obligation, will be discharged for failure to be selected for promotion after second consideration by a DA Reserve Components 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 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 applicant was properly considered by the 1989 RCSB for promotion to CW4 and not selected. He was also properly considered by the 1990 RCSB for promotion to CW4 and not selected. As a result, he was properly discharged as required by regulation. The applicant has not shown error or injustice for the relief he now requests. Therefore, there is no basis to grant the applicant promotion reconsideration.
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
AAO____ TL______ HBO_____ DENY APPLICATION
| CASE ID | AR2003086417 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030828 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 131.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2008 | 20080003854
By letter dated 26 August 2003, the applicant was notified by the U.S. Army Total Army Personnel Command St. Louis that he was not selected a second time for promotion. It stated, "A review of the applicant's records revealed that he was considered, but non-selected by the 2002 and 2003 Chief Warrant Officer Four Department of the Army Reserve Components Selection Board as a member of the Individual Ready Reserve. Evidence shows that he was well aware of the 2002 and 2003 DA RCSBs and...
ARMY | BCMR | CY2005 | 20050003189C070206
Army Regulation 135-155, in effect at the time, prescribes the policies and procedures for the promotion of Reserve officers. The applicant submitted a request for resignation, dated 23 November 1991, to the Army Reserve Personnel Center (ARPERCEN). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by voiding the non-selection of the individual concerned from the 1991 Fiscal Year Captain's Reserve Components Selection...
ARMY | BCMR | CY2005 | 20050000943C070206
The applicant provides the following documents in support of his application: Warrant Officer Advanced Course (WOAC) Certificate; Separation Document (DD Form 214); and United States Army Reserve (USAR) Discharge Orders. The HRC-St. Louis RC promotion official further stated that the applicant did not meet the military education requirement prior to the convening date of the 2002 board, as a result there is no basis for his promotion reconsideration by a Stand-By Advisory Board (STAB) under...
ARMY | BCMR | CY2005 | 20050000943C070206
The applicant provides the following documents in support of his application: Warrant Officer Advanced Course (WOAC) Certificate; Separation Document (DD Form 214); and United States Army Reserve (USAR) Discharge Orders. The HRC-St. Louis RC promotion official further stated that the applicant did not meet the military education requirement prior to the convening date of the 2002 board, as a result there is no basis for his promotion reconsideration by a Stand-By Advisory Board (STAB) under...
ARMY | BCMR | CY2001 | 2001056503C070420
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...
ARMY | BCMR | CY2005 | 20050010312C070206
The applicant provides a copy of a letter of recommendation for reinstatement to WO from the commander, 220th MP Detachment (CID). The regulation also specifies that officers who twice fail to be selected for promotion to the grade of chief warrant officer three will not be considered again for promotion, and will be transferred to the Retired Reserve, if they are eligible and request such transfer, or they will be discharged. Army Regulation 135-175 provides policy, criteria, and...
ARMY | BCMR | CY2001 | 2001059451C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. The regulation provides that in order to be qualified for promotion to lieutenant colonel an individual must have completed 50 percent of the CGSC, 7 years of time in grade (TIG) as a major, and an officer advanced course (OAC) on or before the convening date of the respective promotion board. The Board further notes that, as a major, he was required to complete 50...
ARMY | BCMR | CY2001 | 2001063243C070421
APPLICANT REQUESTS: Removal of his discharge and second passover for promotion. In pertinent part, Army Regulation 135-155 states that an officer who twice fails to be selected for promotion to captain, major, or lieutenant colonel will not again be considered for promotion and will be removed from an active status. The Board notes that applicant’s contention that he was not notified of his first passover that would have allowed him to correct his non-promotable status; however,...
ARMY | BCMR | CY2006 | 20060003808C070205
The applicant requests, that his service in the IRR (Individual Ready Reserve) be removed from his records in order to rejoin the North Carolina Army National Guard (NCARNG). The regulation also specifies that officers who twice fail to be selected for promotion to the grade of chief warrant officer three will not be considered again for promotion, and will be transferred to the Retired Reserve, if they are eligible and request such transfer, or they will be discharged. The evidence shows...
ARMY | BCMR | CY2002 | 2002080749C070215
The applicant was honorably discharged from the USAR on 3 April 2001, under the provisions of Army Regulation 135-175, 2 years after his removal was required by law. VSI annual payments will be discontinued if the member is separated from the Ready Reserve unless the individual becomes ineligible to continue to serve due to medical or age limitations in which case the soldier will be transferred to the Standby Reserve or the Retired Reserve. The applicant was separated from active duty on...