IN THE CASE OF:
BOARD DATE: 5 June 2008
DOCKET NUMBER: AR20080001933
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 correction of item 4a (Grade, Rate or Rank) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank as Chief Warrant Officer Two (CW2) and that his effective date of pay grade be changed in item 12h (Effective Date of Pay Grade).
2. The applicant states that Orders Number 166-166, dated 25 June 2007, listed his date of promotion to CW2 as 21 February 2006. He states, in effect, that he was originally promoted to CW2 on 5 December 2005 by Order Number 339-017. However, he had these orders rescinded (Order Number 033-004) due to an administrative flag that was placed in his records by his company. He states he was required to complete and pass the Army Physical Fitness Test (APFT) for validation of his promotion. After the requirement was completed, the flag was not removed due to lack of action by his company. He states that the problem was not remedied until days before his separation.
3. The applicant provides a copy of his DD Form 214 for the period ending 21 June 2007 and his DD Form 214 for the period ending 17 September 2003.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 15 April 2003 and was discharged on 17 September 2003 to accept a commission or warrant in the Army. On 18 September 2003, he was appointed as a warrant officer in the Regular Army in the rank of Warrant Officer One (WO1).
2. Department of the Army, U.S. Army Human Resources Command, Alexandria, Virginia Order Number 339-017, dated 5 December 2005, promoted the applicant to CW2 with an effective date and date of rank of 5 November 2005.
3. Department of the Army, U.S. Army Human Resources Command, Alexandria, Virginia Order Number 033-004, dated 2 February 2006, revoked Order Number 339-017, dated 5 December 2005, pertaining to the applicants promotion to CW2.
4. The applicants service records contain a memorandum, dated 24 April 2007, which shows he was eliminated from the Initial Entry Rotary Wing (IERW) Course on 19 January 2007, due to flight deficiency.
5. Department of the Army, U.S. Army Human Resources Command, Alexandria, Virginia, Order Number 166-166, dated 15 June 2007, promoted the applicant to CW2 with an effective date and date of rank of 21 February 2006.
6. The applicant was honorably discharged on 21 June 2007 under the provisions of Army Regulation 600-8-24, paragraph 2-37 by reason of failure to complete course of instruction.
7. Item 4a and item 4b on his DD Form 214 for the period ending 21 June 2007, show his rank and pay grade as WO1, W-1.
8. Item 12h on his DD Form 214 for the period ending 21 June 2007, shows the effective date of his pay grade as 18 September 2003.
9. The Integrated Web Services (IWS) database shows the applicants grade as CW2 with a date of rank of 21 February 2006.
DISCUSSION AND CONCLUSIONS:
1. The applicant was initially promoted to CW2 on 5 November 2005 by Orders Number 339-017, dated 5 December 2005. Based on the applicants statements, an administrative flag was placed in his records. As a result, his promotion orders to CW2 were revoked.
2. On 15 June 2007, Department of the Army, U.S. Army Human Resources Command published Order Number 166-166 which promoted the applicant to CW2 with an effective date and date of rank of 21 February 2006.
3. The applicant was discharged on 21 June 2007. At that time, his DD Form 214 was erroneously prepared to reflect his rank as WO1.
4. It appears that an administrative error has occurred in this case. Therefore, it would be appropriate to amend items 4a and 4b on the applicants DD Form 214 for the period ending 21 June 2007 to show his rank and pay grade as CW2,
W-2. In addition, item 12h should be amended to show the effective date of his pay grade as 21 February 2006.
BOARD VOTE:
xx______ xx______ xx______ 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 the DD Form 214 for the period ending 21 June 2007 of the individual concerned be corrected by:
a. amending item 4a to show the entry CW2,
b. amending item 4b to show the entry W-2, and
c. amending item 12h to show the entry 2006 02 21.
xxxxxxxxx_______________
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) AR20080001933
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