RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 NOVEMBER 2004
      DOCKET NUMBER:  AR2004104843


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Hise                    |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Mr. Hubert Fry                    |     |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 promotion to Chief Warrant Officer Four (CW4).

2.  The applicant states that he would have been promoted had he not
sustained an injury which resulted in his medical disability retirement.
He was unaware that it was possible to be promoted on the retired list
until he read the 19 June 2003 retired Army personnel bulletin.  He states
that he was months short of promotion to CW4 when he was medically retired
due to a line of duty accident.  All of the requirements for CW4 had been
completed.

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or
Discharge) reflecting his separation from the Navy in 1958, a copy of his
record of Naval Reserve service, a copy of his report of separation and
record of service from the Arkansas Army National Guard, a copy of his
personnel qualification record, a copy of his retirement credits record, a
copy of his 28 November 2003 letter to this Board, and a copy of a 28
November 2003 letter to this Board from a retired Army colonel, the
applicant's former commanding officer.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service began in September 1954 with the Naval
Reserve.  He served on active duty with the Navy from December 1954 until
September 1958, and with the Naval Reserve again until April 1960.  From
     4 April 1960 until 8 July 1961 he served as an enlisted Soldier with
the Arkansas Army National Guard.  On 9 July 1961 he was commissioned a
Reserve second lieutenant and granted Federal recognition in the Army
National Guard.  He transferred to the Army Reserve in May 1963, and in
October 1963 transferred to the Arkansas Army National Guard.

2.  The applicant was promoted to captain on 22 September 1967.  On 10
April 1974 he resigned his commission in order to be appointed as a Reserve
warrant officer.  On 1 May of that year he was appointed a CW2 and granted
Federal recognition in that grade.

3.  The applicant was a master Army aviator.  He was promoted to CW3 on
     1 May 1980.

4.  In July 1981 the applicant sustained a head injury.  Four years later
he underwent physical disability processing and was determined to be
physically unfit for retention in the Army.  On 19 June 1985 he was
discharged from the Arkansas Army National Guard because of his medical
disability.  On 19 June 1985 he was placed on the retired list in the
retired grade of CW3 with a            50 percent disability rating.

5.  Army Regulation 135-155 provides for the promotion of warrant officer
in the Army Reserve.  National Guard Regulation 600-101 provides for the
Federal recognition and concurrent Reserve of the Army promotion of Army
National Guard warrant officers.  Both require service in an active status
in order to be promoted.  The term "active status" means the status of a
member of a Reserve component who is not in the inactive Army National
Guard or inactive Air National Guard, on an inactive status list, or in the
Retired Reserve.

6.  10 U.S.C., Section 3964 provides for the advancement of warrant
officers and enlisted members on the retired list to the highest grade
served on active duty satisfactorily (or, in the case of a member of the
National Guard, in which he served on full-time duty satisfactorily), when
his active service plus his service on the retired list totals 30 years.

DISCUSSION AND CONCLUSIONS:

1.  The applicant himself states, "I was months short of promotion to CW4
when I was medically retired …."  Obviously, he did not serve on active
duty or in an active status in that grade.  His statement that he met the
requirements for promotion to CW4, implying that he would have been
promoted had he not been medically retired, does not change the fact that
he was not promoted to CW4.

2.  The applicant's contention that he would have been promoted had he
remained in the Army National Guard, ably supported by his former
commanding officer, has been noted.  Unfortunately, there is no basis to
grant the applicant's request.  Therefore, his request to be promoted to
CW4 while on the retired list is denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JH  __  ___LE___  ___HF__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that 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.





                                  _______James Hise_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004104843                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041118                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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