RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 April 2007
      DOCKET NUMBER:  AR20060012865


      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      |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John P. Infante               |     |Chairperson          |
|     |Ms. Susan A. Powers               |     |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 reconsideration of his earlier request to show
he was promoted to chief warrant officer four (CW4).

2.  The applicant states the original Record of Proceedings erroneously
stated he was separated from the U. S. Army Reserve (USAR) on 1 July 1979.
He was placed on the retired list on 29 March 1981.  That verifies he had
over six years of active USAR service from the time of his last promotion
to chief warrant officer three (CW3).

3.  The applicant provides orders placing him on the retired list, with an
amendment.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR20050016027 on 10 August 2006.

2.  The applicant offers a new argument which will be considered by the
Board.

3.  The applicant was born on 29 March 1921.  After having had prior
enlisted service, he was appointed a warrant officer one in the USAR
effective 26 January 1966.  He was promoted to chief warrant officer two
effective 26 January 1969 and to CW3 effective 26 January 1975.  Based on
the required completion of six years time in grade, his promotion
eligibility date for CW4 was 26 January 1981.

4.  The applicant’s notification of eligibility for retired pay at age 60
(his 20-year letter) was dated 13 July 1979.

5.  Headquarters, First United States Army Orders 172-23, dated 4 September
1979, transferred the applicant to the USAR Control Group (Retired)
effective      1 July 1979.  (The original Record of Proceedings stated, in
paragraph 8 of CONSIDERATION OF EVIDENCE, “He was separated from the USAR
and assigned to the Retired Reserve, as a CW3, effective 1 July 1979.”)

6.  The applicant was considered and selected for promotion to CW4 by the
1980 Reserve Components Selection Board that convened on 15 January 1980.
He was issued a promotion selection letter, dated 29 February 1980, which
advised
him of his selection with a projected promotion eligibility date of 26
January 1981. The letter also advised him, in part, that to be promoted
effective that date he must be in an active status.

7.  Office of the Adjutant General, U. S. Army Reserve Components Personnel
and Administration Center Orders P-05-002269 dated 20 May 1981 placed the
applicant on the retired list effective 27 March 1981.  These orders were
amended on 24 June 1981 to show he was placed on the retired list effective
      29 March 1981.

8.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant
Officers other than General Officers), paragraph 2-4 of the version in
effect at the time, stated to be eligible for consideration for promotion
to the next higher grade, a USAR member must have been in an active status
and met the service requirements in table 2-1.  Paragraph 3-13(a)(2)(b)
stated the name of a member who was ineligible for selection because he was
not in an active status or was in an active status in error at the time of
consideration would be removed from a selection board list.  Paragraph 4-10
stated a member who had been recommended for promotion to the next higher
grade must have been in an active Reserve status before he could be
promoted.

9.  Title 10, U. S. Code, section 267 at the time, stated there are in each
armed force a Ready Reserve, a Standby Reserve, and a Retired Reserve.
Each Reserve shall be placed in one of those categories.  Reserves who are
on the inactive status list of a reserve component, or who are assigned to
the inactive Army National Guard or the inactive Air National Guard, are in
an inactive status. Members in the Retired Reserve are in a retired status.
 All other Reserves are in an active status.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contended that the original Record of Proceedings
erroneously stated he was separated from the USAR on 1 July 1979.

2.  The original Record of Proceedings misstated the applicant’s status
only in that he was not separated from the USAR on 1 July 1979, rather he
was merely transferred to another control group in the USAR.  He was
transferred to the USAR Control Group (Retired) (i.e., the Retired
Reserve).

3.  It is acknowledged that the applicant was placed on the retired list on
          29 March 1981.  However, in order for him to have been eligible
for promotion to CW4, indeed in order for him to have even been considered
for promotion to CW4, he had to have been in an active status.
4.  When the applicant was transferred to the Retired Reserve on 1 July
1979, he was removed from an active status and placed in a retired status.
Because he was no longer in an active status, he was erroneously considered
for promotion to CW4 by the selection board that convened on 15 January
1980.  He was never eligible for promotion to CW4 on 29 January 1981
because he was not in an active status at that time, either.

5.  The applicant was properly placed on the retired list as a CW3.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jpi___  __sap___  __qas___  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 to amend the decision of
the ABCMR set forth in Docket Number AR20050016027 dated 10 August 2006.




                                  __John P. Infante_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060012865                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070403                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |131.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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