| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Melvin H. Meyer | Chairperson | |
| Mr. William D. Powers | Member | |
| Mr. Frank C. Jones | Member |
2. The applicant requests, in effect, that he be authorized to retire at the rank of Chief Warrant Officer Five (CW5).
3. The applicant states, in effect, that he should be allowed to retire in the rank of CW5 because he was selected for promotion to the rank of CW5, effective 4 December 1992, prior to his retirement from the United States Army Reserve (USAR) on 1 October 1992, to attend graduate school. He further states that he earned a Master's Degree in Public Administration in September 1994 and will be turning 60 years of age on 11 March 2004 and would like to be able to retire at the rank of CW5, a rank he justly earned during his 28 plus years of service.
4. The applicant’s military records show that he was born on 11 March 1944 and enlisted in the Regular Army on 1 August 1962. He served until he was honorably released from active duty in the pay grade of E-5 on 19 July 1965. He was transferred to the USAR and remained in the USAR through a series of continuous reenlistments.
5. On 4 December 1971, he was appointed as a USAR warrant officer one (WO1) in the specialty of a military personnel technician. He progressed through the warrant officer ranks and was promoted to the rank of Chief Warrant Officer Four (CW4) on 4 December 1986.
6. On 13 October 1987, the Army Reserve Personnel Center notified the applicant (20-year letter) that he had completed the required years of service to be eligible for Retired pay at age 60 (11 March 2004).
7. On 23 August 1991, the applicant underwent a physical/medical examination. The results of the examination were forwarded to the Office of The Surgeon General (OTSG) in Falls Church, Virginia, on 28 April 1991, for a review of fitness. The OTSG returned the request for review on 12 June 1992 with a determination that the applicant was not fit for further duty.
8. On 7 July 1992, the applicant was notified of the results of the fitness review and was counseled on his options. The applicant elected to be transferred to the Retired Reserve effective 1 October 1992.
9. Meanwhile, on 10 August 1992, he was notified that he had been selected for promotion to the rank of CW5. He was also notified that if he had not had a physical examination within the past four years and intended to accept the promotion, he would be required to do so.
10. On 1 October 1992, he was transferred to the Retired Reserve in the rank of CW4. He had 25 years, 11 months and 19 days of creditable service for retirement and 29 years, 3 months and 10 days of service for pay purposes.
11. Army Regulation 135-155 provides policy and procedures for the promotion of warrant officers in the USAR. Paragraph 4-18 provides that a Reserve Officer, on transfer to the Retired Reserve, will be transferred in the Reserve grade for which selected for promotion. This is when the transfer is being made because of physical disability, or as a result of completing the number of years of service, or reaching the age at which retirement, transfer to the Retired Reserve, or discharge is required by law.
12. Title 10, U.S. Code, section 1406, governs non-regular service retirement and provides, in effect, that a Reserve of National Guard member who is entitled to retired pay under section 12731 of this title shall be retired in the highest grade held satisfactorily by the person at any time in the armed forces, other than in an inactive section of a Reserve component.
CONCLUSIONS:
1. Inasmuch as the applicant is not yet eligible and has not applied for retirement at age 60, there is no basis for the Board to grant his request for retirement in the rank of CW5.
2. However, given the circumstances in his case in which he could not remain in the active Reserve in order to accept his promotion to the rank of CW5, and the applicable regulation which allows him to be transferred to the Retired Reserve in the rank of CW5, the rank in which selected for promotion, the Board finds that it would be in the interest of justice to transfer him to the Retired Reserve in that grade.
3. Although this does not necessarily authorize him to retire in that rank, this determination will be made by the appropriate officials at the time he requests his retirement at age 60.
4. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was transferred to the Retired Reserve in the rank of CW5.
2. That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:
__mm___ ____fcj _ __wdp___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
____Melvin H. Meyer____
CHAIRPERSON
| CASE ID | AR2003089463 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/10/21 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT PARTIAL |
| REVIEW AUTHORITY | |
| ISSUES 1. 319 | 131.0900/ADV IN GRD |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2005 | 20050003745C070206
The applicant states, in effect, the Army Board for Correction of Military Records (ABCMR) recommended his records be corrected to show he was promoted to CW5 on 12 December 1992, and transferred to the Retired Reserve in that grade on 13 December 1992. He states that while he is grateful to the Board for allowing him to retire with the honorary grade of CW5, he is now requesting he be granted an official retirement grade of CW5 and that he receive retired pay based on that grade. The...
ARMY | BCMR | CY2002 | 2002069405C070402
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 Board considered the...
ARMY | BCMR | CY2011 | 20110000581
The applicant requests promotion to chief warrant officer five (CW5). He had over 18 years of time in grade (TIG) as a chief warrant officer four (CW4), completed the Warrant Officer Senior Staff Course, selected by the State Adjutant General, and performed CW5 duties as the Detachment Commander, Detachment 25 (DET 25), OSA (Operational Support Airlift), Tennessee Army National Guard (TNARNG), Smyrna, TN, for 19 months (February 2008 through August 2009). The applicant provides: * a...
ARMY | BCMR | CY2008 | 20080017881
On 29 February 2008, HRC-St. Louis officials requested revocation of the applicants mobilization Orders M-10-702757 due to the fact that he would turn age 62 on 8 April 2008 and must be removed from active service not later than 60 days after the date in which he turns age 62. On 14 April 2008, HRC-St. Louis published Orders C-04-807106, releasing the applicant from active duty by reason of completion of 20 or more years of Reserve duty and reassigning him to the Retired Reserve on 7 June...
ARMY | BCMR | CY2010 | 20100010265
The applicant requests reconsideration of the Board's denial of his previous request as follows: a. reinstatement to active duty until he can obtain a new surgical appointment and complete his surgery and recuperation; b. cancellation of his retirement until he has completed his surgery and recuperation; c. restoration of pay and allowances that the Army recouped as an indebtedness prorated through 13 June 2008, the date that the unexecuted portion of his active duty orders A-06-810144 were...
ARMY | BCMR | CY1996 | 9607957C070209
Additionally, he was required to be assigned to a duty position authorized the grade of MW/W5 and have completed the Master Warrant Officer Training Course (MWOTC). The response went on to say that the applicant had an MRD of 31 July 1993 thus, even if an exception were granted he could not retire in the higher grade before his MRD (he would have had to serve at least 31 days in the new grade to retire in that grade). On 21 July 1993 the applicant was advised by his higher headquarters...
ARMY | BCMR | CY2010 | 20100025158
IN THE CASE OF: BOARD DATE: 25 August 2011 DOCKET NUMBER: AR20100025158 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. He was promoted to chief warrant officer three on 20 August 1993 and chief warrant officer four (CW4) on 8 October 1998. In his rebuttal, the applicant stated: * He was passed over for promotion, contrary to governing regulations * He was senior by date of rank and more educationally qualified than others * The IG agreed that the SCARNG broke the regulation * The...
ARMY | BCMR | CY2006 | 20060017825
The applicant requests correction of his records to show that he retired as a CW5 (chief warrant officer five/pay grade W-5). The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), memorandum requesting to retire, memorandum requesting waiver of active duty service obligation, endorsement of his request for retirement, the fiscal year 2005 CW5 promotion selection list, and his retirement orders. In a memorandum addressed to United States...
ARMY | BCMR | CY2002 | 2002072226C070403
The applicant states, in effect, that he was promoted to the rank of CW5 and served in that rank for 2 ½ years before it was revoked. Although the Board can find no specific language in the available evidence indicating that his promotion to the rank of CW5 was conditional upon his successful completion of a MOS-producing course of instruction, the order that directed his promotion specified that he was being promoted in MOS 155E, the MOS of a fixed wing aviator. In view of the foregoing...
ARMY | BCMR | CY2011 | 20110022612
The applicant requests correction of his records to show his rank as Chief Warrant Officer Four (CW4)/W-4. The applicant's record shows his date of birth as 27 March 1932. On 19 November 1986, he was promoted to CW3.