RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 July 2006
      DOCKET NUMBER:  AR20050014203


      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. Maria C. Sanchez              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Donald L. Lewy                |     |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, correction of the United States (US)
Army Human Resources Command, memorandum, dated 30 March 2005, to show she
was promoted to Chief Warrant Officer Three, effective 3 April 2004.

2.  The applicant states, in effect, that it is unjust that the effective
date of rank on the above memorandum is almost a year later than her
promotion eligibility date. She continues that in accordance with
applicable regulations, promotion and pay are effective the date the
officer has the qualifying time in grade or the date of the promotion
memorandum, whichever is later.

3.  The applicant provides a copy of U.S. Army Human Resources Command,
memorandum, dated 30 March 2005, in support of her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant served as an enlisted member of the Army during the
period 8 October 1985 through 6 September 1989.  Afterwards, she was
commissioned as a warrant officer one in the Army National Guard and later
transferred to the United States Army Reserve (USAR).  On 24 May 2005, she
was honorably retired from the USAR.

2.  The applicant was considered by the Fiscal Year 2003 Chief Warrant
Officer Three and Chief Warrant Officer Four Mandatory Board for promotion.
 This board convened on 21 April 2003 and the list was approved on 8 August
2003.  The board selected the applicant for promotion to the rank of Chief
Warrant Officer Three.

3.  U.S. Army Human Resources Command memorandum, dated 30 March 2005,
notified the applicant that she was selected for promotion to the rank of
Chief Warrant Officer Three in the USAR.  The letter informed the applicant
of the following:  "Your promotion and pay allowances are effective on the
date of this memorandum or the date shown after A above, whichever is
later."  The date after "A" is 3 April 2004.

4.  In connection with the processing of this case, an advisory opinion was
obtained from the U.S. Army Human Resources Command, St. Louis, Missouri,
dated 24 April 2006.  The Chief, Special Actions Branch of Office of
Promotions, Reserve Components indicated that the applicant was promoted to
Chief Warrant Officer Two on 3 April 1998 and her promotion eligibility
date to Chief Warrant Officer Three was 3 April 2004.
5.  The Chief, Special Actions Branch indicated that the applicant was
transferred to a unit on 9 December 2003 which was notified by a
memorandum, dated 5 February 2004, that she was selected for promotion.
The Chief, Special Actions Branch continued that the applicant's unit
suspended her promotion because she did not meet weight standards and she
had an outdated Army Physical Fitness Test (APFT).

6.  Further, the Chief, Special Actions Branch states that the Office of
Promotions took over the promoting of officers in units around the
February/March timeframe. On 11 March 2005, the applicant’s unit contacted
this office regarding the applicant's eligibility for promotion.  The
Office of Promotions was advised that as of 20 January 2005, the applicant
had passed her APFT and met weight standards.

7.  The Chief, Special Actions Branch opined that if this branch had been
advised at the time the applicant met all promotion requirements, a
promotion memorandum could have been issued earlier; therefore, recommends
that the effective date for promotion be changed to show 20 January 2005.

8.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant
Officers Other Than General Officers), paragraph 4-21, states, in pertinent
part, the effective date of promotion may not precede the date of the
promotion memorandum.  An officer is promoted after selection if all
qualifications for promotion are met.  When an officer does not meet the
qualifications for promotion, the effective date of promotion will not be
earlier than the later date all qualifications are met.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that the date on the U.S. Army Human Resources
Command memorandum regarding her promotion to the rank of Chief Warrant
Officer Three be changed to show an effective date of rank of 3 April 2004
instead of 30 March 2005.

2.  Evidence shows the applicant was selected for promotion to the rank of
Chief Warrant Officer Three on 21 April 2003 and the list was approved on 8
August 2003.  However, the applicant’s promotion was suspended because she
did not meet the Army weight standards and she did not have an up-to-date
APFT which were requirements to receive the promotion.

3.  Regulations state that when an officer does not meet the qualifications
for promotion, the effective date of promotion will not be earlier than the
later date all qualifications are met.

4.  Contrary to the applicant's contention that she is entitled to
promotion effective 3 April 2004, evidence shows she did not meet the
qualifications for promotion to the rank of Chief Warrant Officer Three
until 20 January 2005.

5.  Therefore, she is entitled to correction of her records to show her
effective promotion date to the rank of Chief Warrant Officer Three is
20 January 2005.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_BJE____  _DLL____  _JEV___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by showing the individuals effective date of
promotion to the rank of Chief Warrant Officer Three as 20 January 2005.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
changing the individual’s effective date of promotion to 3 April 2004.




                                     __James E. Vick____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050014203                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060719                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  310  |131.0000.0000                           |
|2.  314                 |131.0400.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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