IN THE CASE OF:
BOARD DATE: 08 July 2008
DOCKET NUMBER: AR20070016363
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that she receive promotion consideration for promotion to the rank of chief warrant officer three (CW3) by the 2006 United States Army Reserve (USAR) CW3 Promotion Selection Board.
2. The applicant states, in effect, that she was eligible for promotion consideration by the 2006 USAR CW3 Promotion Selection Board; however, her records were removed from that board and she was not considered for promotion because she was on orders to active duty; however, those orders were subsequently amended after the promotion selection board adjourned and she was not considered until the 2007 CW3 Selection Board.
3. The applicant provides a copy of her orders to active duty, an amendment of the orders, a revocation of the orders, new orders dated 28 March 2007 ordering her to active duty, an article from Army Knowledge on Line (AKO), copies of emails, a postal receipt dated 11 April 2006 and an officer evaluation report ending on 12 August 2005.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the USAR on 22 February 1985 for a period of 8 years and training as a material storage and handling specialist. She remained in the USAR through continuous reenlistments and was promoted to the pay grade of E-6 on 31 December 1997.
2. On 12 August 1999, she was honorably discharged from the USAR for the purpose of accepting an appointment as a USAR warrant officer. On 13 August 1999, she was appointed as a USAR Quartermaster warrant officer one (WO1).
3. She was promoted to the rank of chief warrant officer two (CW2) on 13 August 2001.
4. On 30 March 2004, orders were published which ordered the applicant to active duty for a period of 2 years to fulfill active duty requirements in accordance with the contingency operations- extended active duty program (CO-EAD) effective 4 June 2004. On 12 January 2006, those orders were amended to reflect a period of 3 years. On 24 March 2007, the orders were amended to revoke the unexecuted portion of the active duty orders effective 26 March 2007.
5. The applicant was considered by the 2007 USAR CW3 Promotion Selection Board and was promoted to the rank of CW3 on 13 August 2007.
6. The applicant was issued a 20-year letter on 21 February 2008.
7. In the processing of this case a staff advisory opinion was obtained from the Human Resource Command in St. Louis, Missouri (HRC-STL) which opines that the applicant was not identified in the 2006 zone of consideration by USAR CW3 mandatory promotion board because her orders were not amended until after the board adjourned. Officials at the HRC-STL recommend that the applicants records be placed before a Promotion Advisory Board under the 2006 criteria. The advisory opinion was provided to the applicant and she concurred with the opinion as written.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that she should have been considered by the 2006 USAR CW3 Promotion Selection Board has been noted and appears to have merit.
2. Officials at the HRC-STL Promotions Branch have opined that the applicant should have been considered by that board and have recommended that she receive promotion consideration by a Promotion Advisory Board.
3. Accordingly, it would be in the interest of justice to grant her promotion consideration by a Promotion Advisory Board under the same criteria used by the 2006 USAR CW3 mandatory promotion board and if selected, that she be promoted with an appropriate effective date and date of rank with entitlement to all back pay and allowances.
BOARD VOTE:
__XXX __ __XXX__ __XXX__ 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 placing the applicants records before a Promotion Advisory Board under the same criteria used by the 2006 USAR CW3 mandatory promotion board and if selected, that she be promoted accordingly with entitlement to all back pay and allowances.
___ XXX ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20070016363
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