RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        JANUARY 6, 2005
      DOCKET NUMBER:  AR2004104795


      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             |
|     |Mr. Luis Almodova                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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, that she be advanced on the retired
list to the highest grade held on active duty, Chief Warrant Officer, CW2,
instead of Staff Sergeant (SSG), pay grade, E-6.

2.  The applicant states, in effect, that she became a warrant officer in
August 1988.  In February 1992 she sustained a back injury and as a result,
she was unable to function to her full potential and ended up leaving the
military.  She had back surgery, which improved her condition enough to
enable her to return to the Army in October 1992.  To reenter the Army, she
had to revert to her previous rank and pay grade, SSG, E-6.  When she
retired in August 1998, she was told her records would reflect SSG instead
of Chief Warrant Officer, CW2.

3.  The applicant provides a copy of her DD Form 256A, Honorable Discharge
Certificate; a copy of her DD Form 214, Certificate of Release or Discharge
from Active Duty; a copy of her DA Form 1290, Secretary of the Army
Appointment Certificate; and a copy of an ATSI-AG Memorandum, Subject
Appointment as a Reserve Warrant Officer of the Army under Title 10, United
States Code, Section 591 and Section 597, prepared by the U.S. Army
Intelligence Center and School, Fort Huachuca, Arizona, dated 11 August
1988.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the US Army Reserve on 26 July 1977.  On
22 November 1977, the applicant enlisted in the Regular Army and continued
her service until 10 August 1988 when she was honorably discharged, in the
rank and pay grade, SSG, E-6, to accept an appointment, with a concurrent
call to active duty, as a warrant officer in the U.S. Army Reserve.

2.  The applicant was ordered to active duty, on 11 August 1988, as a
warrant officer in the Military Intelligence Branch, in the military
occupational specialty 351B0, Counterintelligence Technician.  The
applicant was promoted to the rank and pay grade, Chief Warrant Officer,
CW2, on 11 August 1990.

3.  There is no evidence in the available records, and the applicant
provided none to show, that she sustained a back injury in February 1992
that rendered her unable to function to her full potential and caused her
to leave the Army.

4.  On 19 February 1992, the applicant was honorably released from active
duty in the rank and pay grade, Chief Warrant Officer, CW2, under the
provisions of Army Regulation (AR) 635-100, paragraph 3-49, Non-retention
on Active Duty.
5.  The separation program designator (SPD) code. "LGH" that was applied to
her DD Form 214, in item 26, indicates that she was involuntarily released
from active duty and was transferred to the US Army Reserve.  On the date
of her release from active duty, the applicant had completed 3 years, 6
months, and 9 days service as an Army warrant officer.

6.  On 7 October 1992, the applicant reenlisted in the Army in the rank and
pay grade, SSG, E-6.  She continued to serve in this rank until 31 July
1998 when she was honorably separated, in the rank and pay grade SSG, E-6,
for the purpose of retirement, under the provisions of AR 635-200, Chapter
12.  On the date of her retirement, the applicant had a total of 20 years
and 22 days active military service and 21 years and 5 days service for
basic pay purposes.

7.  Title 10, United States Code, Section 3964 provides that warrant
officers of the Army, enlisted members of the Regular Army, and Reserve
enlisted members who at the time of retirement are serving on active duty
(or in the case of members of the National Guard on full-time National
Guard duty), may be advanced on the retired list to the highest rank
satisfactorily held at the completion of 30 years active and retired
service.  The Secretary of the Army must consider the service satisfactory.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant served on active duty
in an enlisted status and as an Army warrant officer.

2.  The applicant completed sufficient service to qualify for retirement
from active duty.  On the date of her separation for the purpose of
retirement, the applicant was serving in the rank and pay grade of SSG, E-
6.

3.  The evidence of record also shows that the applicant served as an Army
warrant officer, on active duty, for a period of 3 years, 6 months, and 9
days.  While serving on active duty as a warrant officer, she was promoted
to the rank and pay grade of Chief Warrant Officer, CW2, and served in that
rank, for a period of 1 year, 6 months, and 9 days.  This is the highest
rank that she would hold while serving on active duty.

4.  Under Title 10, United States Code, Section 3964, the applicant may be
advanced to the highest rank satisfactorily held at the completion of a
combined 30 years active and retired service.  The applicant will not
complete the required
service and will not be eligible to apply for advancement on the Retired
list to the highest rank held until about July 2008.

5.  In consideration of the above evidence and applicable law, the
applicant is therefore not eligible for advancement to the rank and pay
grade of Chief Warrant Officer, CW2, for the purposes of receipt of Retired
pay at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

ym _____  fe   _____  rtd    ____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





                                  _____Fred Eichorn___
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004104795                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050106                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  302  |129.0000                                |
|2.  306                 |129.0400                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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