RECORD OF PROCEEDINGS


	IN THE CASE OF:        
	 

	BOARD DATE:            20 September 2005                  
	DOCKET NUMBER:   AR20050000943


	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. Joseph A. Adriance 

Analyst


The following members, a quorum, were present:


Mr. James C. Hise

Chairperson

Mr. Thomas E. O’Shaughessy

Member

Mr. Patrick H. McGann

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 to chief warrant officer four (CW4).  

2.  The applicant states, in effect, he was passed over for promotion to CW4 by the April 2003 Reserve Component Selection Board (RCSB), while he was serving in an active status in Iraq.  He states that prior to his deployment, he met all the requirements for promotion.  He states he was retained under stop loss provisions and ultimately released from active duty in June 2004.  He further asks his promotion to CW4 be effective in September 2003, and that his record be corrected to show no break in service.  He further asks for all back pay and allowances due as a result of these corrections.  

3.  The applicant provides the following documents in support of his application:  Warrant Officer Advanced Course (WOAC) Certificate; Separation Document (DD Form 214); and United States Army Reserve (USAR) Discharge Orders.  

CONSIDERATION OF EVIDENCE: 

1.  The applicant’s record shows he was released from active duty (REFRAD) and returned to his USAR unit on 8 June 2004, and on 13 August 2004, he was honorably discharged from the USAR.

2.  The applicant’s record confirms he was promoted to chief warrant officer three (CW3) on 15 October 1999.  His record also shows he was considered and not selected for promotion to CW4 by the 2002 Department of the Army (DA) RCSB. 

3.  On 6 March 2003, the applicant successfully completed the Aviation WOAC.  He was again considered and not selected for promotion to CW4 by the 2003 DA RCSB.  

4.  In connection with the processing of this case, an advisory opinion was obtained from the Chief, Special Actions Branch, Office of Promotions, RC, Human Resources Command (HRC)-St. Louis, Missouri.  This RC promotion official confirms the applicant was considered and not selected by both the 
2002 and 2003 DA CW4 RCSBs.  


5.  The HRC-St. Louis RC promotion official further stated that the applicant did not meet the military education requirement prior to the convening date of the 2002 board, as a result there is no basis for his promotion reconsideration by a Stand-By Advisory Board (STAB) under the 2002 criteria.  He states the applicant did meet all the promotion requirements prior to being considered by the 2003 board, and all of his pertinent records, to include civilian education (Bachelor of Science Degree), military education (WOAC Certificate) and all evaluation reports for the period 24 November 1983 through 21 January 2003, were reviewed by the 2003 board.  As result, there is no basis for his promotion reconsideration by a STAB under the 2003 criteria.  Finally, the governing regulation provides no provisions for the selective continuation of USAR warrant officers.  Therefore, there is no basis to reconsider the applicant for promotion using the 2004 criteria.  Based on the available information, this official recommends the application be denied.  

6.  On 29 August 2005, the applicant was provided a copy of the HRC-St. Louis advisory opinion in order to have the opportunity to respond.  To date, he has failed to reply.  

7.  Army Regulation 135-155 (Promotion of Commissioned Officer and Warrant Officers Other Than General Officers) prescribes the policy and procedures used for selecting and promoting commissioned officers (other than commissioned warrant officers) of the Army National Guard of the United States (ARNGUS) and of commissioned and warrant officers (WO) of the U.S. Army Reserve (USAR).

8.  Chapter 3 of the USAR promotion regulation provides promotion board 
procedures, and paragraph 3-16 contains guidance on selection board recommendations.  It states that promotion selection boards will base their recommendations on impartial consideration of all officers eligible for consideration, and keep confidential their reasons for recommending or not recommending any officer considered.  

9.  Chapter 3, Section III, Army Regulation 135-155, provides the policy on promotion reconsideration boards. It states that officers and warrant officers may be reconsidered by a promotion reconsideration board when it is determined their records were not submitted to a promotion selection board for consideration; or the record contained a material error when it was reviewed by the promotion selection board.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be promoted to CW4 and reinstated in the USAR, and the supporting documents he provided were carefully considered.  However, there is an insufficient evidentiary basis to support granting the requested relief.  

2.  By regulation, officers and warrant officers are considered for promotion under the fully and best qualified methods based on the needs of the Army.  Selection is the result of the collective best judgment of the members of the RCSB, and the specific reasons for non-selection are not published.  Further, to support reconsideration by a promotion reconsideration board, there must be evidence showing that the record reviewed by the RCSB contained a material error.

3.  The evidence of record confirms that the applicant was considered and not selected for promotion to CW4 by the 2002 and 2003 RCSBs.  There is no evidence that suggests his military record was missing material information or contained a material error when it was reviewed by the RCSB in either year he was considered.  Therefore, there is insufficient evidence to conclude a material error was present that would warrant his promotion reconsideration at this time. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___JCH _  __TEO __  __PHM__  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.




		___James C. Hise_______
		        CHAIRPERSON


INDEX

CASE ID
AR20050000943
SUFFIX

RECON

DATE BOARDED
2005/09/20
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
2004/08/13
DISCHARGE AUTHORITY
AR 135-175
DISCHARGE REASON
2X Non-Select for Promotion 
BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Chun
ISSUES         1.  310
131.0000
2.

3.

4.

5.

6.