RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 AUGUST 2005
      DOCKET NUMBER:  AR20040010396


      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. Gale J. Thompson              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin Meyer                  |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. James Gunlicks                |     |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 that his records be corrected by adjusting his
date of rank from 21 September 2004 to 18 May 2003.

2.  The applicant states that he could not submit his promotion packet to
the state Adjutant General, because he did not receive his Officer
Evaluation Reports (OER) for May 2001 to May 2003 because of unforeseen
deployment preparation, and his battalion mobilization in February 2003.
He was deployed from February 2003 until May 2004.  Upon his return his
OERs had to be recreated, and his promotion packet was not submitted until
September 2004.  The postponement of his promotion delayed his career
progression by
13 months.

3.  The applicant provides copies of his appointment, promotion, active
duty and deployment orders, his DD Form 241 (Certificate of Release or
Discharge form Active Duty), copies of his OERs, his Service School
Academic Evaluation Report, and his certification as a personal trainer and
group exercise leader.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed in the California Army National Guard
effective
18 May 2001, as a Warrant Officer One.  He successfully completed the
Military Intelligence (MI) Warrant Officer Basic Course on 29 March 2002.

2.  The applicant was ordered to active duty on 10 February 2003 for
deployment in support of Operation Enduring Freedom.

3.  On 31 May 2004, the applicant was released from active duty after
serving for 1 year, 3 months and 21 days.

4.  The applicant’s OERs for the periods 18 May 2001 to 17 May 2002 and
18 May 2002 to 9 February 2003, were recreated on 30 August 2004.

5.  The applicant was promoted to Chief Warrant Officer Two (CW2), with a
date of rank and effective date of 21 September 2004.






6.  During the processing of this case an advisory opinion was obtained
from the Departments of the Army and the Air Force National Guard Bureau,
which recommended that the applicant’s request to adjust his promotion date
from
21 September 2004 to 18 May 2003 be approved.  Their recommendation was
based on the applicant’s OER for the period 10 February 2003 through
9 February 2004 which showed that he [applicant] was slotted in a CW2
position at the time of his deployment during February 2003; and the lack
of concern by his command, rater and senior rater to follow Army Regulation
623-105, by not ensuring that his OERs were completed and processed during
the required time frames.

7.  A copy of the advisory opinion was provided to the applicant on 23
February 2005.  The applicant concurred with the advisory opinion on 22
March 2005.

8.  Army Regulation 623-105, Chapter 5, states in pertinent part, that the
rater and senior raters are responsible for seeing that the rated officer
receives the initial counseling within 30 days of the beginning of the
rating period of his OER, as well as follow-up counseling.  It is also
their responsibility to see that the OER is published and signed at the end
of the rating period.  The regulation also states that it is the commands
responsibility to ensure that a completed report arrives at the Army
National Guard Bureau, Readiness Center no later than
120 calendar days after the through date of the report.

9.  National Guard Regulation 600-101, provides in pertinent part that
promotions to the grade of CW2 will be accomplished once the individual
meets the 2-year time in grade and time in service requirement, and when an
appropriate position vacancy exists in the unit.  The applicant met the
time in grade and time in service requirement and was slotted in a CW2
position on 7 May 2003.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s promotion to CW2 was inadvertently delayed as a result
of his not receiving his OERs in a timely manner, which delayed submitting
his packet to the state’s selection board, which was no fault of the
Soldier.

2.  The applicant was slotted in a CW2 position at the time of his
deployment during February 2003, which shows there was a position vacancy
to which he could have been promoted.  He met the time in grade and time in
service requirement on 17 May 2003.



3.  The applicant should have been promoted on 18 May 2003, instead of
21 September 2004 and his records should be corrected to reflect his
correct promotion date.

BOARD VOTE:

___MM__  ___JM __  __JG ___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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
adjusting his CW2 promotion date to 18 May 2003.




                                  ______Melvin Meyer________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010396                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050816                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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