RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 28 November 2006
DOCKET NUMBER: AR20060013565
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. John T. Meixell | |Chairperson |
| |Ms. Susan A. Powers | |Member |
| |Mr. Dennis J. Phillips | |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 selection board (SSB) under the
2005 and 2006 year criteria.
2. The applicant states, in effect, that he was eligible for promotion to
CW4 in October 2005. He also states that he was mobilized on 18 November
2001 and chose to stay on active duty to assist in the war effort. He is
still on Contingency Extended Active Duty until 17 May 2007. As a result
of his volunteering, he was omitted from the 2005 and 2006 promotion
boards. He was not considered because the Human Resources Command (HRC),
St. Louis, Missouri, said he was an active duty Soldier and the HRC,
Alexandria, Virginia, said he was a Reservist. The facts are clear, he was
eligible for consideration. His contemporaries did not volunteer to stay
an extra year, and as a result they were seen by the board and promoted.
He stayed an additional 5 years and was punished by not being considered by
the 2005 and 2006 boards.
3. The applicant provides copies of his active duty orders, his
Constructive Credit for Warrant Officers Advanced Course memorandum, and
his amended active duty orders, in support of his application.
CONSIDERATION OF EVIDENCE:
1. Based on a review of the applicant’s records by the Office of
Promotions, Reserve Components, HRC, St. Louis, Missouri, it was determined
the applicant was erroneously not considered by the 2005 and 2006 Reserve
Components Selection Boards and was eligible for consideration for
promotion to CW4 under the 2005 and 2006 year criteria as an omission.
2. Army Regulation 135-155, prescribes the policies and procedures for the
promotion of Reserve warrant officers. This regulation specifies that
promotion consideration/reconsideration by a SSB may only be based on
erroneous non-consideration or material error that existed in the record at
the time of consideration.
DISCUSSION AND CONCLUSIONS:
1. The applicant’s records were erroneously not considered for promotion
to CW4 under the 2005 and 2006 year criteria and should now be submitted
for appropriate SSB consideration for this purpose.
2. In view of the foregoing findings and conclusions, it would be
appropriate to correct the applicant’s records as recommended below.
BOARD VOTE:
___J____ __SP ___ __DJP__ 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 duly constituted special selection
boards for promotion consideration for chief warrant officer four under the
2005 year and 2006 year criteria.
2. 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 criteria cited,
provided he was otherwise qualified and met all other prerequisites for
promotion.
3. That if not selected, the applicant be so notified.
_____John T. Meixell______
CHAIRPERSON
INDEX
|CASE ID |AR20060013565 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20061128 |
|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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