IN THE CASE OF:
BOARD DATE: 26 August 2008
DOCKET NUMBER: AR20080007903
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 he be considered for promotion to Chief Warrant Officer Four (CW4) by a special selection board (SSB) under the criteria of the 2008 Department of the Army Reserve Components Selection Board (RCSB).
2. The applicant states My eligibility for promotion to CW4 was not considered by the April 18-23, 2008 promotion Board. Upon discussing this with
, on
21 April 2008, no definitive reasons were given. I was further informed that because the board had started, my promotion packet could not be forwarded to the board. The applicant further states that the 81st Regional Reserve Command (RRC) failed to forward his promotion packet to the U.S. Army Human Resources Command St. Louis (USAHRC-STL) for consideration.
3. The applicant provides his promotion photograph, dated 22 November 2005; a memorandum from the U.S. Army Reserve Personnel Command, dated
22 August 2003; a DA Form 1059 (Service School Academic Evaluation Report), dated 21 September 2007; six DA Forms 67-9 (Officer Evaluation Report); a DA Form 2-1 (Personnel Qualification Record Part II); Military Personnel Message Number 08-011, dated 10 January 2008; and a 3-page college transcript from Walden University, dated 6 May 2008.
CONSIDERATION OF EVIDENCE:
1. The applicant had prior enlisted service. On 29 October 1997, he was appointed as a Reserve Warrant Officer of the Army at the rank of Chief Warrant Officer Two (CW2).
2. The applicant was promoted to Chief Warrant Officer Three (CW3) on
9 September 2003.
3. Military Personnel Message Number 08-011, dated 10 January 2008, announced the Fiscal Year (FY) 2008 zones of consideration for promotion to CW4 with a board convene date of 15 April 2007. It stated that the primary zone date of rank was 1 January 2003 through 31 December 2003. The message also identified the applicant by name as being in the promotion zone.
4. For an unknown reason the applicant's promotion packet was not considered for promotion to CW4.
5. In the processing of this case, an advisory opinion was obtained from the Chief, Special Actions Branch, USAHRC-STL. The advisory opinion recommended the applicant be considered by a special board under the
2008 CW4 criteria. It stated, "CW3 J_____ was promoted to CW3 with a date of rank (DOR) of 9 September 2003. The DOR for the 2008 CW4 DA Reserve Components Selection Board was 31 December 2003 and prior. The applicant was erroneously omitted from the 2008 board. Because of this omission, he has a basis for a special board under the 2008 CW4 DA RCSB." The applicant concurred with the findings.
6. 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 CW4 due to no fault of his own; the Special Actions Branch, USAHRC-STL, verifies that he was erroneously omitted from the 2008 board. The applicant should have been considered for promotion to CW4 by the 2008 promotion selection board. Therefore, he should be considered by an SSB for promotion to CW4 under the 2008 criteria.
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 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 Four under the 2008 criteria.
_________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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