RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      3 August 2006
      DOCKET NUMBER:  AR20050017148


      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. Stephanie Thompkins           |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Michael J. Flynn              |     |Member               |
|     |Mr. Gerald J. Purcell             |     |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 consideration for chief
warrant officer four (CW4) by a special board.

2.  The applicant states that he completed his warrant officer advance
course education and would like to be considered for promotion to CW4.  He
was deployed to Iraq and could not attend his advance course Phase IV in
April 2004. He completed his advance course in October 2005.

3.  The applicant provides a copy of his DA Form 1056 (Service School
Academic Evaluation Report) in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was appointed in the United
States Army Reserve, as a warrant officer one, effective 21 October 1991.
He was promoted to CW2 effective 22 October 1993 and to CW3 effective
21 October 1999.

2.  He was mobilized in support of Operation Enduring Freedom effective
3 February 2004.  He was returned to the Reserve Component control
effective 25 March 2005.

3.  He was considered and not selected for promotion to CW4 by the 2004 and
2005 Reserve Components Selection Boards (RCSB).  He was not qualified for
promotion based on the lack of the required military education (the Warrant
Officer Advance Course or an equivalent course).

4.  He completed the Warrant Officer Advance Course effective 28 October
2005.

5.  In an advisory opinion, dated 12 January 2006, the Chief, Special
Actions, Office of Promotions, Reserve Components, Human Resources Command,
St. Louis, Missouri, stated that the applicant was considered and not
selected for promotion to CW4 by the 2004 and 2005 RCSBs which convened on
13 April 2004 and 12 April 2005, respectively.  The applicant had not
completed the required military education by the convening date of either
board.  His attempt to complete the warrant officer advance course was
interrupted because of mobilization.  He completed the required education
on 28 October 2005.  In order for the applicant to be considered by an
advisory board, the Board would have to grant him a military education
waiver for the 2005 board.  The applicant would then be assigned to the
next available warrant officer special board.  In view of the foregoing, it
was recommended the applicant's request be granted.

6.  The advisory opinion was forwarded to the applicant for acknowledgment
and or rebuttal on 18 May 2006 and he concurred on 30 May 2006.

7.  Army Regulation 135-155 prescribes the policies and procedures for the
promotion of Reserve warrant officers.  This regulation specifies that
promotion to CW4 requires completion of 6 years MTIG and the Warrant
Officer Advance Course (formerly the Senior Warrant Officer Training), or
an equivalent course on or before the respective board convening date.

8.  Army Regulation 135-155 also specifies that promotion consideration/
reconsideration by an advisory board may only be based on erroneous non-
consideration or material error, which existed in the record at the time of
consideration.

9.  Current promotion policy specifies that an officer will exercise
reasonable diligence for requesting educational waivers prior to the
convening date of their respective board.  The Army Board for Correction of
Military Records has the authority to grant a waiver for prior year
criteria, on a case by case basis, considering the individual circumstances
of the officer involved.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention, that he was unable to complete his advance
course due to mobilization and deployment has been noted and is found to
have merit.

2.  The evidence of record shows that based on the applicant's mobilization
with his unit on 3 February 2004, he was unable to continue and complete
the advance course requirements prior to the convening date of the 2005
RCSB.  The applicant was returned to the Reserve Component control on 25
March 2005 and completed the advance course on 28 October 2005.  Therefore,
based on the circumstances presented, the officer's mobilization and
subsequent deployment in support of Operation Iraqi Freedom, he is entitled
to a wavier for the military education requirement for promotion
consideration to CW4 under the 2005 year criteria.

3.  In view of the foregoing, the applicant’s records should be corrected
as recommended below.

BOARD VOTE:

_MKP___  _MJF ___  __GJP___  GRANT FULL RELIEF

________  ________  ________  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 relief.  As a result, the Board recommends
that all Department of the Army records of the individual concerned be
corrected to show that the applicant was granted a military education
waiver for consideration for promotion to chief warrant officer four
under the 2005 year criteria.

2.  That following administrative implementation of the foregoing, the
applicant's records be submitted to a duly constituted advisory board for
promotion consideration to chief warrant officer four under the 2005 year
criteria.

3.  That if selected, his records be further corrected by showing he was
promoted to chief warrant officer four on his date of eligibility, as
determined by appropriate Departmental officials, using the 2005 criteria,
provided he was otherwise qualified and met all other prerequisites for
promotion.

4.  That if not selected, the applicant be so notified.




                                  _____M. K. Patterson_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017148                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060803                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.00                                  |
|2.                      |131.10                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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