RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 27 September 2005
DOCKET NUMBER: AR20040009527
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Ms. Yvonne Foskey | |Analyst |
The following members, a quorum, were present:
| |Mr. Ronald E. Blakely | |Chairperson |
| |Mr. Lawrence Foster | |Member |
| |Ms. LaVerne M. Douglas | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, promotion reconsideration to chief
warrant officer four (CW4), and removal of his non-selection letter from
his records.
2. The applicant states, in effect, that due to no fault of his own, he
was not considered for promotion by the 2001 and 2002 CW4 Reserve Component
Selection Boards (RCSBs).
3. The applicant provides the following documents in support of his
application: Battalion Commander Memorandum of Record, dated 21 October
2004; Separation Document (NGB Form 22); Separation Orders, dated 1
December 2001; Performance Evaluation (DA Form 67-8); Chronological
Statement of Retirement Points (ARPC Form 249-2E); and Personnel
Qualification Record
(DA Form 2C).
CONSIDERATION OF EVIDENCE:
1. The applicant's NGB Form 22 shows he was appointed a warrant officer
one (WO1) in the Mississippi Army National Guard (ARNG) on 11 August 1987.
His record also shows he was promoted to chief warrant officer three (CW3)
on
21 March 1996.
2. The applicant's NGB Form 22 and Orders Number 205-173 show he was
separated from the Mississippi ARNG on 1 January 2001, and transferred to
the United States Army Reserve (USAR) Control Group, St. Louis, Missouri.
3. The applicant was considered and not selected for promotion by the
2003 RCSB. The Office of Promotions, Reserve Components, Army Human
Resource Command (AHRC) – St. Louis reviewed the applicant’s record and
determined he was erroneously not considered for promotion to CW4 by the
2001 and 2002 RCSBs, and that he was eligible for consideration for
promotion to CW4 by a Special Selection Board (SSB) under the 2001 and 2002
CW4 RCSB selection criteria.
4. The applicant was separated from the USAR on 21 January 2004 and
reappointed in the Mississippi ARNG.
5. The applicant was selected for promotion to CW4 effective 24 August
2004, based on date of security clearance.
6. Army Regulation 135-155, prescribes the policies and procedures for
promotion of Reserve and Army National Guard officers. This regulation
specifies, in pertinent part, that promotion reconsideration by a SSB may
only be based on erroneous non-consideration or material error.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant's records were erroneously
not considered for promotion to CW4 by the 2001 and 2002 RCSBs. Therefore,
it would be appropriate and serve the interest of justice to place his
records before a SSB for promotion reconsideration under the 2001 and 2002
CW4 RCSB criteria.
BOARD VOTE:
___REB _ __LF____ __LMD__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to
warrant a recommendation for relief. As a result, the Board recommends
that all Department of the Army records of the individual concerned be
corrected by submitting his records to duly constituted Special Selection
Boards for consideration for promotion to CW4 under the criteria used by
the 2001 and 2002 CW4 Reserve Component Selection Boards.
2. If selected for promotion, that the records of the individual concerned
be corrected by showing he was promoted on his date of eligibility as
determined by appropriate Departmental officials using the criteria cited;
and by removing all documents related to his 2003 non-selection for
promotion from his Official Military Personnel File.
3. If not selected, that the individual concerned be so notified.
____Ronald E. Blakely_____
CHAIRPERSON
INDEX
|CASE ID |AR20040009527 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2005-09-27 |
|TYPE OF DISCHARGE |HD, |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY | . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Chun |
|ISSUES 1. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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