Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080011719
Original file (20080011719.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	        23 October 2008

		DOCKET NUMBER:  AR20080011719 


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 advanced on the retired list to the rank of Chief Warrant Officer Three (CW3).

2.  The applicant states that at the time of his retirement his Reserve promotion to CW3 was not taken into account.  He contends that he was informed that it would be automatically adjusted after ten years of retirement.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 June 1991; a memorandum, dated 26 July 1990; a letter, dated 10 June 2008; and retirement orders, dated 6 June 1991.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2.  The applicant was born on 5 July 1950.  He enlisted in the Regular Army on 22 February 1971.  On 14 August 1984, he was honorably discharged in the rank of sergeant first class, appointed as a U.S. Army Reserve Warrant Officer, and ordered to active duty on 15 August 1984.  On 30 June 1991, the applicant was retired in the rank of CW2.  He was placed on the retired list in the rank of CW2 on 1 July 1991.   

3.  The applicant’s DD Form 214 for the period ending 30 June 1991 shows his rank as CW2. 

4.  In support of his claim, the applicant provided a memorandum, dated 26 July 1990, which shows that he was promoted to CW3 in the USAR effective 
15 August 1990.  There are no orders available showing he was promoted to temporary CW3 (i.e. an active duty promotion).

5.  Title 10, United States Code, section 3964, provides that a retired enlisted member or warrant officer of the Army who is retired with less than 30 years of active service is entitled, when his active service plus his service on the retired list totals 30 years, to be advanced on the retired list to the highest grade in which he served on active duty satisfactorily, (or, in the case if a member of the National Guard, in which he served on full-time duty satisfactorily), as determined by the Secretary of the Army. 

DISCUSSION AND CONCLUSIONS:

The applicant retired from active duty on 30 June 1991 in the rank of CW2.  Even though he might have held a Reserve appointment as a CW3, there are no orders promoting him to temporary, active duty CW3 and there is no evidence the applicant ever served on active duty as a CW3.  Therefore, there is no basis for granting the applicant’s request. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____XX____  ___XX_____  ____XX____  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.


      _______ 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.



ABCMR Record of Proceedings (cont)                                         AR20080011719





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080011719



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140015621

    Original file (20140015621.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 31 March 1976 to show he was retired in the rank/grade of Chief Warrant Officer Three (CW3)/W-3. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The DD Form 214 provides a record of a Soldier's active Army service at the time of release from active duty and does not reflect other...

  • ARMY | BCMR | CY2002 | 2002079077C070215

    Original file (2002079077C070215.rtf) Auto-classification: Denied

    APPLICANT REQUESTS: In effect, that he be advanced on the Retired List to the rank and pay grade of chief warrant officer three/W-3 (CW3/W-3). He served on active duty in an enlisted status for 9 years, 1 month, and 13 days, from 26 May 1972 to 9 July 1981, at which time he was honorably discharged, in the rank and pay grade of staff sergeant/E-6 (SSG/E-6), in order to accept a warrant officer appointment. The evidence of record reveals that the applicant was placed on the Retired List in...

  • ARMY | BCMR | CY2014 | 20140012251

    Original file (20140012251.txt) Auto-classification: Denied

    The applicant requests his grade be changed to chief warrant officer three (CW3) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 30 September 1991. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. These orders show he was retired from...

  • ARMY | BCMR | CY2013 | 20130001478

    Original file (20130001478.txt) Auto-classification: Approved

    Having prior enlisted service, he was appointed as a warrant officer one in the U.S. Army Reserve (USAR) on 25 June 1987. If a former officer is selected by a special board, it is at the discretion of the Secretary of the Army via the ABCMR to determine if the discharge/retirement order should be revoked, the officer returned to an active status and promoted provided he/she meets all other promotion requirements. As a result, the Board recommends that all Department of the Army records of...

  • ARMY | BCMR | CY2009 | 20090002273

    Original file (20090002273.txt) Auto-classification: Denied

    On 7 August 1995, the Office of the Adjutant General, WYARNG, published Orders 140-159 directing the applicant's honorable discharge from the ARNG and subsequent transfer to the Retired Reserve effective 3 May 1995. The evidence of record shows that the applicant was honorably discharged in the grade of CW2 on 24 September 1975. He was notified shortly thereafter that he was promoted to CW3 as a Reserve warrant officer of the Army with an effective date of 29 August 1976 after he had been...

  • ARMY | BCMR | CY2006 | 20060014902

    Original file (20060014902.txt) Auto-classification: Denied

    These orders show, in pertinent part, the applicant was retired from active duty on 30 September 1980 and placed on the Retired list in the grade of CW2 (W-2), effective 1 October 1980. It states, in pertinent part, that warrant officers and enlisted members of the Army are entitled, when their active service plus their service on the Retired list totals 30 years, to be advanced on the Retired list to the highest grade in which they served on active duty satisfactorily. The evidence of...

  • ARMY | BCMR | CY2012 | 20120002423

    Original file (20120002423.txt) Auto-classification: Denied

    The applicant requests, in effect, his rank be corrected on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 January 1995. The applicant states: * He served in an enlisted status from 6 November 1974 to 30 December 1983 until he was appointed a chief warrant two (CW2) * He was a CW2 until 1 February 1989 when he was demoted back to a staff sergeant * He retired on 1 February 1995 in the rank of sergeant first class (SFC) * His records were...

  • ARMY | BCMR | CY2014 | 20140020307

    Original file (20140020307.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of his military records to show: a. he was promoted to chief warrant officer three (CW3) prior to retiring in 1977; b. his retirement adjusted to reflect this promotion and the benefits of such promotion; and c. he was originally promoted to specialist five (SP5), pay grade E-5, on 4 May 1959. The applicant contends that his military records should be corrected to show: a. he was promoted to chief warrant officer three (CW3) prior to his...

  • ARMY | BCMR | CY2014 | 20140002985

    Original file (20140002985.txt) Auto-classification: Denied

    The applicant provides: * Memorandum, dated 25 March 1992, Review of OER application (19880901-19881231) * Memorandum, dated 25 March 1992, Correction of Military Records * Promotion Order Number 162-3, dated 21 August 1992 * Army Board for Correction of Military Records (ABMR) Docket Number AC91-09256, dated 20 August 1992 * DA Form 2823 (Sworn Statement), dated 25 September 1990 * OERs for the rating period 19871230-19880831, 19880901-19881231, 19900408-19910201 * Memorandum, dated 8 May...

  • ARMY | BCMR | CY2012 | 20120006743

    Original file (20120006743.txt) Auto-classification: Denied

    He understood that if he declined promotion while on active duty, once he completed the course requirements, his DOR would be back dated to the original date of promotion on active duty in accordance with National Guard Regulation 600-101 (Warrant Officers – Federal Recognition and Related Personnel Actions) to keep him on track with his peers. He provides * Declination of Promotion memoranda * 2006 CW3 promotion orders * Revocation of CW3 promotion orders * DD Form 214 (Certificate of...