RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 April 2008
DOCKET NUMBER: AR20070018748
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 he be considered for promotion to Chief Warrant Officer Five (CW5) by a special selection board (SSB) under the criteria of the 2007 Department of the Army Reserve Components Selection Board (RCSB).
2. The applicant states I was not considered for selection to CW5 as a 420A Military Personnel Technician, although 420A is my primary MOS and I was in the promotion zone of consideration. I received e-mail correspondence dated
18 January 2007 providing me with the 2007 Warrant Officer Five Memorandum and instructions. I was not considered for promotion due to material error (no fault of mine).
3. The applicant provides the documents listed as "Attachments," in Tabs A through M.
CONSIDERATION OF EVIDENCE:
1. The applicant had prior enlisted service. On 14 December 1990, he was appointed as a Reserve Warrant Officer of the Army at the rank of Chief Warrant Officer Two (CW2) in military occupational specialty (MOS) 420A (Military Personnel Technician).
2. In a memorandum from the U.S. Army Reserve Personnel Command (AR-PERSCOM), dated 21 February 2001, the applicant was awarded primary MOS 420A with additional MOS 550A (Legal Administrator). (MOS 550A was converted to MOS 270A on 1 September 2004.)
3. The applicant was promoted to Chief Warrant Officer Four (CW4) on
14 December 2002.
4. Military Personnel Message Number 07-007, dated 10 January 2007, announced the Fiscal Year (FY) 2007 zones of consideration for promotion to CW5 with a board convene date of 18 April 2007. In pertinent part, it shows MOS 420A among the MOSs to be considered and it stated that the primary zone date of rank was 1 January 2002 through 31 December 2002. The message also identified the applicant by name as being in the promotion zone.
5. E-mail correspondence, dated 9 August 2007, shows the applicant inquired about his consideration for promotion.
6. E-mail correspondence, dated 15 August 2007, shows a Human Resources Specialist from the Promotions Branch, Office of Promotions, Reserve Components, Army Human Resources Command St. Louis (USAHRC-STL), informed the applicant that he was not considered for promotion based on his MOS of 270A and that MOS 270A was not considered.
7. In an e-mail correspondence, dated 3 October 2007, from the Promotions Branch, Office of Promotions, Reserve Components, USAHRC-STL, the applicant was informed that from all indications on the database, he had changed his MOS and branch and therefore was not eligible to be seen by the board. He was also informed that the board support team that was assigned to handle the board removed him due to not being eligible to be considered.
8. On 1 April 2008, the Warrant Officer Branch, USAHRC-STL, confirmed to the Board analyst that the applicant's primary MOS is 420A and his additional MOS is 270A. The Soldier Management System (SMS) at USAHRC-STL shows (in Skills Data) his primary MOS is 420A and his additional MOS is 270A.
9. Army Regulation 600-8-29 (Officer Promotions) states, in pertinent part, an SSB may be convened when an officer was not considered from in or above the promotion zone by a regularly scheduled board because of administrative error.
10. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other than General Officers) states, in pertinent part, that an SSB will convene to correct/prevent an injustice to an officer or former officer who was eligible for promotion but whose records through error, were not submitted to a mandatory promotion selection board for consideration.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows that the applicant was not considered for promotion to CW5 based on the information that he held (primary) MOS 270A, which removed his name from the list of consideration. However, the Warrant Officer Branch and SMS, USAHRC-STL, verify his primary MOS as 420A with an additional MOS of 270A. The preponderance of evidence shows that the applicant's MOS was and is 420A. The applicant should have been considered for promotion to CW5 by the 2007 promotion selection board as a 420A. Therefore, he should be considered by an SSB for promotion to CW5 under the 2007 criteria.
BOARD VOTE:
__TSK __ ___JLP__ __DWT__ 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 submitting his records to a duly constituted Special Selection Board for consideration for Reserve promotion to Chief Warrant Officer Five under the 2007 criteria in MOS 420A.
___ TSK __
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070018748
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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