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ARMY | BCMR | CY2007 | 20070010591C071029
Original file (20070010591C071029.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      2 October 2007
      DOCKET NUMBER:  AR20070010591


      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. Luis Almodova                 |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Ms. Ann Campbell                  |     |Chairperson          |
|     |Ms. LaVerne Douglas               |     |Member               |
|     |Mr. Jeffrey Redmann               |     |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 (CWO-W4) by a special selection board (SSB) under the
2006 year criteria.

2.  The applicant states, in effect, that he is a Reservist on active duty.
 He was omitted from the board last year because of his EAD (Entry on
Active Duty Date). The Reserve thought he was active duty and the Regular
Army thought he was a Reservist on extended active duty.  He was due to pin
on CW4 on 30 March 2007.  He now requests a special selection board to
correct this.

3.  The applicant adds, in effect, he should have been included in the
April 2006 board for promotion to CW4 in March 2007.  Once he found out he
had been omitted, he spoke to the appropriate individuals at the Pentagon,
and at the Human Resources Command, in St. Louis, Missouri, who stated it
was because of his EAD.  All indicated that this was a problem that
affected a few and that it could be corrected with a special board.

4.  In support of his application, the applicant provides copies of orders
stating he is on active duty.

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 2006 Selection Boards
and was eligible for consideration for promotion to chief warrant officer
four under the 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 chief warrant officer four under the 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:

__amc___  __LD____  ___JR___  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 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.




                                  ____Ann M. Campbell___________
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20070010591                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20071002                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.0000                                |
|2.                      |131.1100                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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