RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 March 2007
DOCKET NUMBER: AR20060011637
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. Gerard W. Schwartz
Acting Director
Ms. Wanda L. Waller
Analyst
The following members, a quorum, were present:
Ms. Linda D. Simmons
Chairperson
Mr. John T. Meixell
Member
Mr. Roland S. Venable
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, consideration for promotion to Chief Warrant Officer Five (CW5) by a Department of the Army Promotion Advisory Board under the 2006 criteria.
2. The applicant states that at the time of the 2006 CW5 promotion board his promotion records were incorrect, in that his promotion to CW3 was erroneously delayed by one year. He contends that his promotion records have been corrected and he should have been eligible to be boarded on the 2006 CW5 Promotion Board.
3. The applicant provides corrected promotion orders, dated 2 January 2002 and 21 January 1997.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving as a U. S. Army Reserve Chief Warrant Officer Four (CW4) in the Active Guard Reserve Program.
2. Corrected orders, dated 21 January 1997, show the applicant was promoted to Chief Warrant Officer Three (CW3) with a date of rank of 4 March 1995.
3. Corrected orders, dated 2 January 2002, show the applicant was promoted to CW4 with a date of rank of 4 March 2001.
4. In the processing of this case, a staff advisory opinion was obtained from the Chief, Special Actions Branch, Office of Promotions, Reserve Components, Human Resources Command, St. Louis, Missouri. The opinion states that after reviewing the applicants request it was determined that he was eligible for consideration by a Department of the Army Promotion Advisory Board in accordance with Army Regulation 135-155, paragraph 3-19. His request is based on omission from the 2006 CW5 Department of the Army Reserve Components Selection Board.
5. A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal. He concurred with the advisory opinion on 21 March 2007.
6. Paragraph 3-19 of Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officer Other Than General Officer) states, in pertinent part, that warrant officers who were erroneously not considered for promotion through administrative error may be reconsidered for promotion by a promotion advisory board. Promotion advisory boards are nonstatutory boards, and are convened to reconsider all warrant officers, to include commissioned warrant officers.
DISCUSSION AND CONCLUSIONS:
1. The applicant was promoted to CW4 with a date of rank of 4 March 2001.
2. The advisory opinion states the applicants file was omitted from the 2006 Department of the Army Reserve Components Selection Board for promotion to CW5 and that he is eligible for consideration for promotion to CW5 by a Department of the Army Promotion Advisory Board. Therefore, it would be equitable to submit the applicants records to a duly constituted Department of the Army Promotion Advisory Board for consideration to promotion to CW5 under the 2006 criteria.
3. If the applicant is selected for promotion to CW5, his records should be further corrected by promoting him to CW5 and assigning the appropriate date of rank.
BOARD VOTE:
__lds___ __jtm___ __rsv___ 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 by submitting his records to a duly constituted Department of the Army Promotion Advisory Board for promotion consideration to CW5 under the 2006 criteria.
2. That if selected, his records be further corrected by showing he was promoted to CW5 on his date of eligibility, as determined by appropriate Departmental officials, using the 2006 criteria, as appropriate, provided he was otherwise qualified and met all other prerequisites for promotion.
3. That if he is not selected for promotion, he be notified accordingly.
Linda D. Simmons
______________________
CHAIRPERSON
INDEX
CASE ID
AR20060011637
SUFFIX
RECON
DATE BOARDED
20070322
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
(GRANT)
REVIEW AUTHORITY
ISSUES 1.
131.1100
2.
3.
4.
5.
6.
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ARMY | BCMR | CY2008 | 20080016141
The applicant requests, in effect, that he be considered for promotion to chief warrant officer five (CW5)/pay grade W-5, by a promotion advisory board under the 2008 CW5 Department of the Army Reserve Components Selection Board (DA RCSB) promotion criteria. The Chief, Special Actions, DA Promotions, stated that the applicant's board file was missing two OERs with through dates of 9 January 2006 and 15 April 2006, which should have been seen by the original selection board. The evidence of...
ARMY | BCMR | CY2008 | 20080019264
The applicant requests, in effect, that she be reconsidered for promotion to Chief Warrant Officer Five (CW5) by a Special Selection Board (SSB). Therefore, it would be appropriate to have the applicant's record placed before an SSB for consideration for promotion under the criteria of the FY2008 CW5 RCSB. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. submitting her records to a duly constituted SSB for promotion...
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ARMY | BCMR | CY2009 | 20090001995
Medical records covering the period from 16 May to 25 May 2005 documenting the applicant's treatment for acute bronchitis and pneumonia; c. A memorandum from the applicant to the President of the Promotion Board, dated 30 January 2008, requesting a waiver of the WOAC requirement for promotion to CW4 in which she outlines the history of her efforts to attend the WOAC and the reasons she had not been successful in scheduling and completing the course, which included her "civilian job and...
ARMY | BCMR | CY2008 | 20080016813
The applicant states, in effect, he was a chief warrant officer two (CW2) when he transferred from the US Army Reserve (USAR) to the Army National Guard (ARNG) on 12 February 2000. On 2 March 2004, the ARNG again transferred the applicant to the USAR. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by granting him promotion consideration to CW4 under the 2005, 2006, and 2007 promotion selection criteria.
ARMY | BCMR | CY2009 | AR20090001113
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ARMY | BCMR | CY2009 | 20090015705
The applicant requests, in effect, consideration for promotion to Chief Warrant Officer Four (CW4) by a Department of the Army (DA) Promotion Advisory Board under the 2009 criteria. The applicant provides a Certificate of Training; memoranda, dated 25 September 2009 and 3 March 2009; a Promotion List for CW3 and CW4, U.S. Army Reserve (USAR) Component; a letter, dated 13 August 2009, from the Army Review Boards Agency; and his initial application, dated 17 July 2009, in support of his...
ARMY | BCMR | CY2001 | 2001051136C070420
The applicant was considered by the next available Reserve CW3 Promotion Board, the FY94 promotion board, but was not selected for promotion. The effective date for the applicant’s promotion to CW3 from the FY95 board His present promotion memorandum to CW4, dated 1 August 2000, should be corrected to be dated 19 May 2000, the adjournment date of the promotion board and therefore the effective date for promotion to CW4 and the date from which CW4 pay and allowances should be paid.
ARMY | BCMR | CY2009 | 20090007127
The applicant requests correction of her military records to add her missing DA Form 67-9 (Officer Evaluation Report) and to be reconsidered for promotion to chief warrant officer five (CW5), pay grade W-5. The applicant was non-selected for promotion. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. submitting her records to a duly constituted selection board/advisory board for promotion consideration for CW5 under...