RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 November 2007
DOCKET NUMBER: AR20070006413
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
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Ms. Barbara J. Ellis
Chairperson
Mr. Jose A. Martinez
Member
Mr. Chester A. Damian
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, correction of his military records to restore his rank to chief warrant officer two (CW2). If his rank cannot be restored, then he further requests that his date of rank as a warrant officer one (WO1) be adjusted to provide constructive credit for his prior service in this grade. He further requests to personally appear before the Board.
2. The applicant states that he is currently on active duty as a WO1. He served in the Arizona Army National Guard (AZARNG) as a CW2. He was told that he could transfer his commission into the Active Component; therefore, he resigned from the AZARNG in October 2003. After eight months of attempting to be appointed as a CW2 on active duty, he enlisted in the Regular Army on 29 June 2004, beginning in the rank of sergeant, pay grade E-5. He sought assistance from the Warrant Officer Branch without help. He then submitted an application for consideration and selection as a warrant officer. He was subsequently selected and appointed a WO1 in the United States Army Reserve (USAR) with concurrent call to active duty. He was granted constructive credit for his completion of the Warrant Officer Candidate Course on 19 May 2000.
3. The applicant provides copies of his Certificates of Release or Discharge from Active Duty (DD Forms 214), award certificates, performance evaluations, training certificates, enlistment contracts with enclosures, AZARNG records of service and separation, and documents pertaining to his service as a Federal civilian employee.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was serving on active duty as a USAR WO1. His date of rank was 7 April 2006.
2. Records show that the applicant voluntarily resigned his commission as a CW2 in the AZARNG on 7 October 2003.
3. On 29 June 2004, the applicant enlisted in the Regular Army beginning in the rank of sergeant, pay grade E-5. He was promoted to staff sergeant, pay grade E-6 on 1 March 2006.
4. The applicant applied for and was subsequently selected to enter the Warrant Officer Program. He was granted constructive credit for completion of the Warrant Officer Candidate Course.
5. On 6 April 2006, the applicant was honorably released from active duty for the purpose of accepting a warrant officer appointment in the USAR, with concurrent call to active duty.
6. The applicant was appointed a USAR WO1 with a date of rank and effective date of 7 April 2006. On 13 July 2006, he completed training in military occupational specialty 915A (Unit Maintenance Repair Technician).
DISCUSSION AND CONCLUSIONS:
1. The applicant requested a personal appearance before the Board; however, since there is sufficient evidence available to fully consider this case, a formal hearing is not warranted.
2. The evidence clearly shows that the applicant voluntarily resigned his CW2 commission in the AZARNG and after a break in service of 8 months he enlisted in the Regular Army as an enlisted member. There is no evidence showing that he was promised or otherwise led to believe that he would be immediately appointed as a CW2 in the Regular Army. He submitted an application for appointment as a warrant officer. He was subsequently selected and granted a new appointment as a WO1, which he accepted.
3. There are no regulatory provisions to restore his former rank, or to adjust his current date of rank. While, the applicant may believe that he has been treated unfairly, there is no evidence of injustice or error in his case.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
5. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__ JAM __ __BJE __ __CAD__ 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 for correction of the records of the individual concerned.
___ Barbara J. Ellis __
CHAIRPERSON
INDEX
CASE ID
AR20070006413
SUFFIX
RECON
DATE BOARDED
20071108
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
131
2.
3.
4.
5.
6.
ARMY | BCMR | CY2008 | 20080018199
The evidence of record shows that the applicant was granted temporary Federal recognition effective 7 March 2007 upon his completion of WOCS and execution of an oath of office. Subsequently, the applicant's Federal recognition packet was considered by a second GAARNG Federal Recognition Board on 13 December 2007 and the applicant executed a second oath of office on that date. Based on the recommendations of the second GAARNG Federal Recognition Board, the NGB issued orders awarding the...
ARMY | BCMR | CY2008 | 20080005458
In the case of an applicant being found qualified for Federal recognition as a CW2, in accordance with paragraph 2-10c(2) of this regulation, except for the successful completion of WOCS and Department of the Army certification, the following statement will be entered on the record of proceedings (NGB Form 89): "the applicant is qualified for appointment as a warrant officer in the Army National Guard and is extended temporary Federal recognition as a warrant officer WO1 as provided by NGR...
ARMY | BCMR | CY2001 | 2001053214C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. There are no records for the applicant from 2 August 1996 to present. There is no evidence and the applicant has not provided any evidence to support his contention that he should have been promoted upon completion of WOCS and WOBC in the USAR.
ARMY | BCMR | CY2006 | 20060003808C070205
The applicant requests, that his service in the IRR (Individual Ready Reserve) be removed from his records in order to rejoin the North Carolina Army National Guard (NCARNG). The regulation also specifies that officers who twice fail to be selected for promotion to the grade of chief warrant officer three will not be considered again for promotion, and will be transferred to the Retired Reserve, if they are eligible and request such transfer, or they will be discharged. The evidence shows...
ARMY | BCMR | CY2012 | 20120015914
The applicant requests correction of his records to show he was initially appointed in the U.S. Army Reserve (USAR) in the rank of chief warrant officer two (CW2) when he converted to the rank of warrant officer. The applicant states: * when he converted from captain (O-3) to the warrant officer ranks he was appointed as a warrant officer one (WO1) when he should have been appointed as a CW2 * while in the aviation branch, he completed all requirements to be awarded the rank of CW2 * after...
ARMY | BCMR | CY2013 | 20130002280
The applicant requests that his records be corrected by promoting him to the rank of chief warrant officer two (CW2), giving him credit for time lost for additional advancement, and restoring him to the U.S. Army Reserve (USAR). In part V under Performance and Potential Evaluation his rater gave him an “Often Failed Requirements” ratings and indicated that the applicant was late for drills on six occasions, he did not keep his personal finances in order, he did not provide a recall number...
ARMY | BCMR | CY2011 | 20110021677
Special Orders Number 170 AR, dated 27 July 2011, shows the applicant was granted permanent Federal recognition for his initial appointment as a WO1 with an effective date of 23 November 2010. c. National Guard Bureau Policy Memorandum #07-226, subject: Policy to Appoint Sergeant First Class (SFC) to Chief Warrant Officer Two (CW2), dated 14 August 2007, states: (1) Effective on the date of this memorandum, States are authorized to appoint SFC (E-7) to the grade of CW2 if they meet the...
ARMY | BCMR | CY2008 | 20080007466
IN THE CASE OF: BOARD DATE: 11 September 2008 DOCKET NUMBER: AR20080007466 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his date of rank (DOR) to Chief Warrant Officer Two (CW2) be adjusted from 9 February 2006 to 24 July 2001. The opinion stated that the applicant had 4 years, 2 months, and 26 days of service as a WO1 when he was appointed in the KYARNG on 20 October 2005.
ARMY | BCMR | CY2013 | 20130020423
The applicant states: a. By Army Regulation 135-155, he was not required to attend WOAC for promotion to CW3. By regulation, as an aviation WO in the ARNG, completion of WOAC was required before he could be promoted to CW3 in the AZARNG.
ARMY | BCMR | CY2005 | 20050003385C070206
The applicant provides his promotion memorandum; his TPU assignment orders; extracts from Army Regulation 135-155; his appointment memorandum; an approval for constructive credit for the Warrant Officer Basic Course; his ADT orders; an ARPC Form 155-R (Promotion Qualification Statement); emails dated 20 December 2004, 21 January 2005, and 25 February 2005; his oath of office; a DA Form 4497 (Interim (Abbreviated) Flying Duty Medical Examination); a DA Form 705 (Army Physical Fitness Test...