RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 November 2005
      DOCKET NUMBER:  AR20050010312


      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. Joyce A. Wright               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Mr. Larry J. Olson                |     |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 reinstatement in the U. S. Army Reserve (USAR),
in the rank of chief warrant officer two (CW2/W-2).

2.  The applicant states that he is presently a special agent with the Drug
Enforcement Administration (DEA).  Prior to this, he served in the U.S Navy
as an enlisted sailor, the U.S. Army Reserve (USAR), and New Jersey Army
National Guard (NJARNG) as a CW2/helicopter pilot.  When the US was
attacked on 11 September 2001, he was not in the active Reserve; however,
he felt it was his duty to serve his country.  He attempted to join the
348th Military Police Detachment (Criminal Investigation Division) located
at Fort Dix, New Jersey, but his application was lost and the unit was
subsequently activated.  Therefore, he was unable to get assigned to the
unit.   After receiving numerous letters from the 77th Regional Readiness
Command (RRC) stating the Army was in need of warrant officers, he again
contacted the CID unit and a retention noncommissioned officer (NCO).  On
4 April 2004, he signed a request for Reserve Component assignment or
attachment, which was then faxed to the unit for the commander to sign.
This form needed to be generated to transfer him from the inactive Reserve
to the CID unit.

3.  On 27 August 2004, he received a letter from the US Army Human
Resources Command (AHRC)-St. Louis stating that since he was passed over
for promotion to CW3 for the second time, he was being discharged from the
Army Reserve effective 3 November 2004.  He then contacted AHRC-St. Louis
to inform them that his paperwork had been submitted to the unit and that
he was awaiting orders.  AHRC-St. Louis told him that there was nothing
that could be done and he was being discharged.  After numerous calls to
the Pentagon and a letter to his Senator, with no avail, he was unable to
keep from being discharged.

4.  As a new special agent with the DEA, his duties and assignments would
not enable him to maintain qualifications and requirements as a
CW2/helicopter pilot in the Army Reserves.  Therefore, he requested to be
transferred to the Individual Ready Reserve (IRR).  He recently spoke with
the special agent in charge of the 220th Military Police (MP) Detachment
(CID), located in Wilkes-Barre, Pennsylvania.  A slot was available for him
and he truly believed that he would be a valuable asset to the CID and the
Army Reserve.  He has served his country honorably for approximately 12
years of military service and, 7 years of Federal law enforcement service.
He now asks that the Board allow him to be reinstated as a CW2 and allow
him to continue to serve his country in these very difficult times.

5.  The applicant provides a copy of a personal letter, a copy of his
resume, and a copy of a letter of recommendation for reinstatement, in
support of his application.

CONSIDERATION OF EVIDENCE:

1.   The applicant's military records show he was appointed in the Reserve
as a warrant officer one (W0/W-1) effective 1 October 1992, with prior
military service.  He was ordered to active duty (AD) on the same day and
was released from AD on 15 April 1993.  He was promoted to chief warrant
officer two (CW2/W-2) effective 3 February 1995.  He was appointed as a CW2
in the NJARNG effective 14 March 1996.

2.  He continued to serve in the NJARNG until he was honorably discharged
on 7 February 1999.  He was transferred to the USAR Control Group
(Reinforcement).

3.  The applicant was considered and not selected for promotion to CW3 by
the 2003 and 2004 Reserve Components Selection Boards (RCSB).

4.  The applicant was honorably discharge from the USAR Control Group
(Reinforcement) on 1 November 2004, based on his two-time non-selection for
promotion to CW3.

5.  The applicant provides a copy of his resume which details in summary a
history of his military experiences, education, and achievements.

6.  The applicant provides a copy of a letter of recommendation for
reinstatement to WO from the commander, 220th MP Detachment (CID).  The
commander highly recommended the applicant for reinstatement to CW2 in the
USAR.  He states that the applicant was a graduate of the WO Candidate
School and had 4 years experience as a WO, 2 years in the USAR and Army
National Guard (ARNG).  Understandably, the commander stated, the applicant
began his career with the DEA in 1998 and regrettably, had to place his
military service on hold.  The commander believes that at this stage in his
career, he is ready, willing, and able to be a valuable asset to the USAR
and the 220th MP Detachment.

7.  The commander also states that the applicant’s experience in Federal
law enforcement, maturity, and leadership potential make him a viable
candidate for credentialing him as a US Army CID special agent.  He would
accept the applicant into the 220th MP Detachment upon his reinstatement as
a CW2.

8.  The commander further states that the US Army CID command and Reserve
are currently at fifty percent strength and experienced law enforcement
Soldiers are in great demand.  The average turn-around from enlisted
Soldier to CID WO is over 5 years.  The commander concludes that the
applicant would provide immediate leadership and experience to the 220th MP
Detachment.

9.  Army Regulation 135-155 prescribes the policies and procedures for
promotion of Reserve officers.  This regulation specifies that mandatory
selection boards will consider Reserve warrant officers to grades chief
warrant officer three and chief warrant officer four.  First consideration
will occur well in advance of the date the officer will complete the time
in grade requirements.  The next board considering his or her grade and/or
branch will reconsider those officers who were not selected for promotion
on the first consideration.

10.  The regulation also specifies that officers who twice fail to be
selected for promotion to the grade of chief warrant officer three will not
be considered again for promotion, and will be transferred to the Retired
Reserve, if they are eligible and request such transfer, or they will be
discharged.  Officers non-selected for promotion will be sent notification
of the approved board recommendations.

11.  Army Regulation 135-175 provides policy, criteria, and procedures
governing the separation of officers of the Army National Guard of the
United States (ARNGUS) and the United States Army Reserve (USAR), except
for officers serving on active duty or active duty training, exceeding 90
days.  Paragraph      4-4 pertains to the removal of USAR officers from an
active status.  It states, in pertinent part, that an officer in the grade
of CW2 will be removed from an active status for failure to be selected for
promotion after a second consideration by a DA RCSB.

12.  Army Regulation 140-10, in effect at the time, set forth the basic
authority for the assignment, attachment, detail and transfer of USAR
Soldiers.  Chapter 7 of the regulation relates to the removal of Soldiers
from active status and states, in pertinent part, that Soldiers removed
from an active status will be discharged or, placed in the IRR, or, if
qualified and if they so request, will be transferred to the Retired
Reserve.  Paragraph 7-4 requires removal of officers who are twice not
selected for promotion to chief warrant officer three, chief warrant
officer four, captain, major, or lieutenant colonel.






DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was appointed in the USAR on
1 October 1992 as a WO, with prior enlisted service.  He was considered and
not selected for promotion to CW3 by the 2003 and 2004 RCSBs.  His records
were complete and without material error.

2.  On 27 August 2004, he was notified he was passed over for promotion to
CW3 for the second time and he would be discharged from the Reserve.

3.  It is apparent that the applicant was properly removed from an active
status and his removal was required by law.  He was honorably discharged on
1 November 2004, in the rank of CW2, within the timeframe required by law.

4.  The applicant contends that he attempts to join the 348th MP Detachment
(CID) located at Fort Dix, New Jersey, but his application was lost and the
unit was subsequently activated, therefore, he was unable to get assigned
to the unit. However, there is no evidence, and the applicant has provided
none, to support his contentions.

5.  The applicant contends that he received numerous letters from 77th RRC
stating that the Army was in need of WOs and that he contacted the CID and
a retention NCO.  He alleges that he signed a request for RC Assignment or
Attachment which was signed and sent to the commander of the unit to sign.
This form was needed to transfer him from the inactive Reserve to the CID
unit. There is no evidence, and the applicant has provided none, to support
this allegation.

6.  The applicant provided a copy of his resume and a letter of
recommendation from the commander, 220th MP Detachment (CID), for
consideration by the Board.  However, this evidence, by itself, is not
sufficient as a basis to recommend reinstatement to an active status in the
USAR in the rank of CW2.

7.  The applicant's strong desire to be reinstated has been considered.  At
this time, there has been no directive issued by the President of the
United States to recall or order the applicant to active duty.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_JS____  __PM____  __LJO___  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.




                                  ____   John Slone_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050010312                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051123                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20041101                                |
|DISCHARGE AUTHORITY     |AR 135-175                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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