RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 December 2006
      DOCKET NUMBER:  AR20060011323


      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:

|     |Mr. Allen L. Raub                 |     |Chairperson          |
|     |Mr. Frank C. Jones                |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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, adjustment to his promotion
effective date for chief warrant officer four (CW4).

2.  The applicant states, in effect, he is losing 12 days of CW4 pay
because his promotion orders were processed late.  He also stated that he
is currently serving as a Reserve officer on active duty in the Sanctuary
Program.  He received promotion orders to CW4 and the orders have an
incorrect effective date.  The effective date is 18 July 2006 and the date
of rank is 6 July 2006.  His promotion effective date and date of rank for
CW4 should both read 6 July 2006.

3.  The applicant provides copies of his promotion orders for CW4 in
support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was appointed in the United
States Army Reserve (USAR), as a CW2, with prior enlisted and warrant
officer service. He was promoted to CW3 effective 7 July 2000.

2.  The applicant was ordered to active duty on 5 November 2005, to obtain
20 years of active Federal service under the Extended Active Duty Sanctuary
Program, for 1 year, 1 month, and 5 days.

3.  The Office of Promotions, Reserve Components, Human Resources Command
(HRC), St. Louis, Missouri, verified that the applicant was considered and
selected for promotion to CW4 by the 2005 Reserve Components Selection
Board (RCSB).  The board was approved on 23 May 2005.  The applicant was
eligible for promotion with a promotion effective date and date of rank of
6 July 2006.

4.  On 10 May 2006, Headquarters III Corps, Fort Hood, issued Orders Number
130-0176, indicating the applicant's release from active duty on
31 December 2006 and placement on the retired list on 1 January 2007.

5.  The applicant's records contain a Promotion Qualification Statement for
USAR Components Mobilized Troop Program Unit Officers, dated 18 July 2006,
that shows the applicant's unit verified he was fully qualified for
promotion to CW4 on 18 July 2006.

6.  On 18 July 2006, the Office of Promotions, Reserve Components, the HRC,
St. Louis, Missouri, issued Orders Number B-07-605213, promoting the
applicant to CW4 with a promotion effective date of 18 July 2006 and date
of rank of 6 July 2006.

7.  In an advisory opinion, dated 31 October 2006, the Chief, Specials
Actions Branch, Office of Promotions, Reserve Components, HRC, St. Louis,
Missouri, stated that the applicant was promoted to CW3 with a date of rank
of 7 July 2000.  His promotion eligibility date (PED) for promotion to CW4
was 7 July 2006.  The applicant's unit verified that he was fully qualified
for promotion on 18 July 2006.  Accordingly, a promotion order was issued
with a promotion effective date of 18 July 2006 and a date of rank of 6
July 2006.  Notwithstanding the date the form was signed by the commander,
it was recommended the application be approved since the applicant was
fully qualified on 6 July 2006.

8.  The advisory opinion was forwarded to the applicant for acknowledgment
and/or rebuttal on 13 November 2006 and he concurred on 22 November 2006.

9.  Army Regulation 135-155 prescribes the policies and procedures for the
promotion of Reserve warrant officers.  This regulation specifies that
officers in the grade of CW3 may be promoted to CW4 upon completion of 6
years time in grade.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to
an adjustment of his promotion effective date for CW4 to 6 July 2006, with
entitlement to back pay and allowances.

2.  The evidence shows the applicant was selected for promotion to CW4 by
the 2005 RCSB that was approved on 23 May 2005 with a PED of 6 July 2006.
His unit submitted documentation, dated 18 July 2006, verifying that he was
fully qualified for the promotion.  A promotion order was issued upon
receipt of this documentation.  The applicant was promoted with an
effective date of 18 July 2006, based on the date recorded on the
verification document.

3.  The applicant was promoted to CW4 with a date of rank of 6 July 2006,
his PED. In accordance with pertinent regulations, he was eligible for
promotion to the next higher grade on the date he completed the required
years of service.  Therefore, in the interest of justice, his promotion
effective date should be adjusted to the date he completed the required
service.

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

BOARD VOTE:

___ALR_  __FCJ___  _QAS____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 by
showing he was promoted to chief warrant officer four with a promotion
effective date of 6 July 2006, with entitlement to back pay and allowances.




                                  ____   Allen L. Raub _______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060011323                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061212                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.01                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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