IN THE CASE OF:
BOARD DATE: 17 July 2008
DOCKET NUMBER: AR20080004207
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, in effect, that his records be corrected to show he was promoted to Chief Warrant Officer Three (CW3), W-3, in 2006 instead of in 2007.
2. The applicant states that he called the U. S. Army Human Resources Command (St. Louis) (USAHRC STL) in 2005 to get his promotion packet ready. He was told he was not able to send in his packet until 2006. In 2006, he asked to send in his packet. Again, he was told he was not able to send in his packet. In early 2007, he was notified he had two weeks to get his promotion packet together. He was told he was being given so little time because he was activated at the time and must have fallen through the cracks. He was promoted to CW3 on 13 June 2007 with a back date of 19 March 2007, but he is a year behind all of his classmates and peers.
3. The applicant provides his DA Form 71 (Oath of Office Military Personnel), dated 19 March 1999; his Chief Warrant Officer Two (CW2) promotion memorandum; and his CW3 promotion orders.
CONSIDERATION OF EVIDENCE:
1. After having had prior enlisted service, the applicant was appointed a Warrant Officer One in the U. S. Army Reserve on 19 March 1999. He was promoted to CW2 on 19 March 2001. He was promoted to CW3 effective 13 July 2007 with a date of rank of 19 March 2007.
2. In the processing of this case, an advisory opinion was obtained from Special Actions, Department of the Army (DA) Promotions, USAHRC STL. The advisory opinion stated that the date of rank for consideration by the 2006 CW3 DA Reserve Components Selection Board (RCSB) was 31 December 2006 and earlier. The applicant was erroneously omitted from the 2006 board and has a basis for a special board under the 2006 CW3 DA RCSB criteria.
3. A copy of the advisory opinion was provided to the applicant for comment or rebuttal. He did not respond within the given time frame.
4. Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers. Paragraph 3-5 states that promotion advisory boards/special selection boards will be convened to reconsider officers who were either improperly omitted from consideration due to administrative error or who were non-selected from mandatory promotion as a result of material error. Paragraph 3-19 states that promotion advisory boards are nonstatutory boards and are convened to reconsider all warrant officers, to include commissioned warrant officers.
DISCUSSION AND CONCLUSIONS:
1. Special Actions, USAHRC STL, acknowledged that the applicant was erroneously omitted from promotion consideration by the 2006 CW3 DA RCSB.
2. While it would not be equitable to arbitrarily correct the applicants CW3 date of rank to show he was selected for promotion by the 2006 RCSB, his records should be considered by a promotion advisory board/special selection board for promotion reconsideration under the 2006 CW3 DA RCSB criteria.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__xx____ __xx____ ___xx___ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. submitting his records to a duly constituted promotion advisory board/special selection board for promotion reconsideration under the 2006 CW3 DA RCSB criteria; and
b. if he is selected for promotion that his records be further corrected by promoting him to CW3 and assigning the appropriate effective date and date of rank; or
c. if he is not selected for promotion that he be notified accordingly.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to showing he was promoted to CW3 in 2006 without having to be reconsidered by a promotion advisory board/special selection board.
_ ______xxxx______________
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.
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