RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 June 2007
      DOCKET NUMBER:  AR20060016760


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Ms. Deyon D. Battle               |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Barbara Ellis                 |     |Chairperson          |
|     |Mr. Frank Jones                   |     |Member               |
|     |Mr. Qawly 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, that his records be considered by a
Special Selection Board (SSB) for promotion to the rank of chief warrant
officer four (CW4), under the fiscal year 2006 criteria.

2.  The applicant states that when the promotion board results were
released he was notified that he was not selected as a result of his file
not reflecting that he was educationally qualified.  He states that he
completed the Aviation Warrant Officer Advanced Course (AVWOAC) through the
online Army Distance Learning Program on 15 April 2006, during the week
prior to the date that the Reserve Component Selection Board (RCSB)
convened.  The applicant states that student records and Fort Rucker has
one civilian employee that has the authority to close a Soldier's record
out in the Army Training Requirements and Resources System (ATRRS) and to
produce a graduation certificate/diploma.  He states that the individual
who manages the distance learning for the AVWOAC verified his completion of
the course and forwarded the information to Fort Rucker and that the
individual that had the authority to close his record out in ATRRS was on
temporary duty during the days prior to the date that the board convened.
He states that the individual was unable to complete the necessary
documents in time to be included in his file.  The applicant states that
his certificate has been completed and his records have been closed in
ATRRS.  He states that he has been deployed to Afghanistan since February
2006 as a Reservist and that he was only able to acquire the certificate
while on mid-tour leave in the United States in September.  He states that
he attempted to resolve this issue prior to the day that the promotion
board convened by making several telephone calls and sending electronic
mail to Fort Rucker which was very difficult.  He concludes by stating that
he was educationally qualified for promotion at the time that the promotion
board convened; however, he was unable to include his diploma in his file.

3.  The applicant provides in support of his application, a copy of his
Certificate of Training which indicates that he successfully completed the
AVWOAC.

CONSIDERATION OF EVIDENCE:

1.  On 10 August 1990, the applicant enlisted in the United States Army
Reserve (USAR) under the Delayed Entry Program, for 6 years, in the pay
grade of E-1.  He enlisted in the Regular Army (RA) for 3 years on 9
January 1991.  After


completing 1 year, 3 months and 14 days of net active service in the RA,
the applicant was honorably discharged on 22 April 1992 and he was ordered
to active duty in the USAR as a warrant officer (WO1), for 6 years, with an
appointment date of 23 April 1992.

2.  He was promoted to chief warrant office (CW2) on 26 March 1994.

3.  On 30 November 2000, the applicant signed an acknowledgment of
mandatory release or discharge from active duty.  In the acknowledgement,
he indicated that he was a USAR officer and that he desired to retain his
commission and to be released from active duty on 30 November 2000.

4.  The applicant was promoted to CW3 on 1 December 2000.

5.  On 18 April 2006, the applicant successfully completed the AVWOAC.

6.  During the processing of his case, an advisory opinion was obtained
from the Chief, Special Actions Branch, Office of Promotions, Reserve
Components who opined that the applicant was considered, but not selected
by the 2006 CW4 RCSB that was held from 18 April 2006 through 26 April
2006.  The Chief, Special Actions Branch stated that the applicant has
furnished a copy of the Certificate of Training reflecting successful
completion of the AVWOAC on 18 April 2006; and that in accordance with Army
Regulation 135-155, the military education requirement must be completed no
later than the day before the selection board convene date.  The Chief,
Special Actions Branch stated that the applicant was given ample notice to
complete the required military education; and that he was not educationally
qualified for promotion at the time that the 2006 CW4 RCSB convened on 18
April 2006.  The Chief, Special Actions Branch recommended denial of the
applicant's request.

7.  On 19 April 2007, a copy of the advisory opinion was forwarded to the
applicant for his information and/or possible rebuttal.  To date, there has
been not response from the applicant regarding the advisory opinion.

8.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant
Officers other than General Officers) prescribes policy and procedures used
in the selection and promotion of commissioned officers of the Army
National Guard





of the United States (ARNGUS) and the commissioned and warrant officers of
the USAR.  It provides, in pertinent part, that warrant officers serving in
a grade
below CW4, in an active Reserve status, may be selected for promotion
provided they meet the minimum promotion time in grade and military
education requirements in table 2-3 (of this regulation) not later than the
date the selection board convenes.  For promotion to CW4, the warrant
officer advanced course WOAC is mandatory.  However, it was not mandatory
until 1 January 1994.

DISCUSSION AND CONCLUSIONS:

1.  The question in this case is whether or not the applicant had completed
the educational requirements for promotion to CW4 in accordance with the
applicable regulation.

2.  Army Regulation 135-155 provides that warrant officers serving in a
grade below CW4, in an active Reserve status, may be selected for promotion
provided they meet the minimum promotion time in grade and military
education requirements not later than the date the selection board
convenes.

3.  The available records indicate that the applicant's completed his
education requirement on 18 April 2006.  The selection board convened
18 April 2006.  Notwithstanding the advisory opinion that was obtained in
this case, according to the applicable regulation, he was eligible for
promotion to CW4 at the time that he was non-selected, as the date that he
completed his educational requirement was not later than the date that the
selection board convened.  There was no requirement for the applicant to
complete his educational requirement for promotion to CW4 the day before
the selection board convened.

4.  While it is the applicant's responsibility to complete his promotion
educational requirement in a timely manner and to ensure that this records
are complete at the time of promotion consideration, the applicant's
contention that his Certificate of Training for the successful completion
of the AWOAC was not in his file at the time that he was considered for
promotion to CW4 is not without merit.  Consequently, it is reasonable to
consider that a different outcome may have occurred had his record been
complete at that time.

5.  Based on the foregoing conclusions, it would now be in the interest of
justice to correct the applicant's records as recommended below.




BOARD VOTE:

__BE ___  ___FJ___  __QS ___  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:

      a.  submitting his records to a duly constituted SSB/advisory board
for promotion consideration to chief warrant officer four under the 2006
year criteria; and

      b.  if selected for promotion by an SSB, establishing an effective
date and date of rank to chief warrant officer four as if he had been
originally selected and providing any back pay and allowances due as a
result of the adjustments.




                                  ______ Barbara Ellis_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060016760                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070619                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  310  |131.0000/PROMOTION                      |
|2.  1043                |131.1100/SSB CONSIDERATION              |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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