IN THE CASE OF:
BOARD DATE: 10 February 2009
DOCKET NUMBER: AR20080013339
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 that he be considered for promotion to chief warrant officer four (CW4) by the 2008 CW4 Selection Board.
2. The applicant states his mandatory removal date (MRD) was extended from 22 April 2008 to 21 June 2010, thereby making him eligible for consideration for promotion. His MRD extension was not properly communicated to the Promotions Branch resulting in his non-consideration by the 2008 Board.
3. The applicant provides no supporting documentation in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 22 April 1948 and entered active duty in an enlisted status on 23 May 1968.
2. On 13 May 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).
3. The applicant enlisted/reenlisted in the USAR on 28 September 1982 and served actively until he was separated to accept an appointment as a warrant officer.
4. The applicant was appointed a warrant officer one (WO1) on 29 September 1995. He was promoted to chief warrant officer three (CW3) on 30 September 2003.
5. With the applicant's MRD of 22 April 2008, his file was not forwarded for consideration for promotion by the 2008 CW4 Selection Board.
6. On 28 March 2008, Headquarters, USAR Command, Fort McPherson, Georgia, Orders 08-088-0002, retained the applicant in an active status until
21 June 2010 unless sooner discharged or transferred to the Retired Reserve.
7. On 30 October 2008 an advisory opinion was obtained from the Chief, Special Actions Branch, Department of the Army Promotions, U. S. Army Human Resources Command, St. Louis, Missouri. The advisory opinion noted that the applicant's MRD was extended after the identification of personnel for consideration for the 2008 CW4 Selection Board. Based on the extended MRD the applicant is eligible for promotion consideration. It was recommended the applicant's request be approved.
8. On 18 November 2008, a copy of the advisory opinion was forwarded to the applicant for information and possible comment. No response or additional comments were received from the applicant within the allotted time frame.
9. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) states that officers and warrant officers who were erroneously not considered for promotion through administrative error may be reconsidered for promotion by either a promotion advisory board or a special selection board, as appropriate. Promotion advisory boards/special selection boards will convene to correct/prevent an injustice to an officer or former officer who was eligible for promotion but whose record through error, was not submitted to a mandatory promotion selection board for consideration.
DISCUSSION AND CONCLUSIONS:
1. At the time promotion packets were initially being prepared for review by the 2008 CW4 Selection Board, the applicant had a MRD of 22 April 2008. This made him ineligible for consideration at that time.
2. As noted in the advisory opinion, the applicant was granted an extension of his MRD until 21 June 2010. This made the applicant eligible for promotion consideration under the 2008 CW4 Selection Board criteria. However, due to the fact that this action occurred after identification of personnel eligible to be considered by the 2008 CW4 Selection Board, he was not considered for promotion.
3. Therefore, it is appropriate to refer the applicant to a DA Promotion Advisory Board for promotion consideration to CW4 under the 2008 criteria.
BOARD VOTE:
___X____ ___X ___ ___X____ 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:
a. submitting the records of the individual concerned to a duly constituted DA Promotion Advisory Board as under the 2008 criteria for promotion consideration to CW4;
b. that if selected, his records be further corrected by showing he was promoted to the next higher grade on his date of eligibility, as determined by appropriate Departmental officials using the criteria cited, provided he was otherwise qualified and met all other prerequisites for promotion; and
c. that if not selected, the applicant be so notified.
_________X_____________
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) AR20080013339
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ABCMR Record of Proceedings (cont) AR20080013339
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