IN THE CASE OF:
BOARD DATE: 21 JANUARY 2009
DOCKET NUMBER: AR20080015400
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 granted promotion consideration for promotion to the rank of chief warrant officer three (CW3) by a Promotion Advisory Board based on the 2008 criteria.
2. The applicant states, in effect, that he was transferred to the United States Army Reserve (USAR) prior to the convene date of the 2008 CW3 Promotion Selection Board and he was eligible for consideration. However, he was not considered by that board and desires to be considered by a Promotion Advisory Board.
3. The applicant provides a copy of his Federal recognition orders as a chief warrant officer two (CW2), a copy of orders assigning him to the USAR Control Group (Individual Ready Reserve), a copy of orders assigning him to a USAR troop program unit (TPU), and a copy of orders deploying him to Iraq.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Oregon Army National Guard (ORARNG) on 24 March 1982 and served until he was honorably discharged in the pay grade of E-6 on 29 June 1984 for the purpose of accepting a commission in the Army National Guard. He was appointed as a second lieutenant in the ORARNG on 30 June 1984. He was initially appointed as an engineer and after completion of rotary wing aviation training he became an aviation officer.
2. He was promoted to the rank of captain on 12 September 1989 and to the rank of major on 2 February 1997.
3. In June 2002, while serving as a Reserve major in Wisconsin, the applicant requested to be appointed as a CW2 (aviator) in the Wisconsin Army National Guard (WIARNG). His request was approved and he was appointed as a CW2 on 27 August 2002.
4. On 23 June 2005, the WIARNG issued the applicant his Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter).
5. On 15 January 2008, the applicant was honorably discharged from the Army National Guard and was transferred to the USAR Control Group (Reinforcement).
6. On 8 February 2008, while residing in Colorado, he was assigned to a USAR TPU at Fort Sheridan, Illinois. On 28 May 2008, he was ordered to active duty in support of Operation Iraqi Freedom.
7. In the processing of this application a staff advisory opinion was obtained from the Human Resources Command St. Louis which opines that the applicant was eligible for promotion consideration by the 2008 CW3 Department of the Army (DA) Reserve Components Selection Board and that his records were inadvertently omitted from the board. Officials at that agency recommended that he be granted promotion consideration by a DA Promotion Advisory Board under the 2008 criteria. The advisory opinion was forwarded to the applicant for comment and he concurred with the opinion as written.
8. The Fiscal Year 2008 USAR CW3 Promotion Selection Board convened from 15 to 23 April 2008.
9. Army Regulation 135-155 (Army National Guard and USAR Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes the policies and procedures for the promotion of officers of USAR and includes the procedures for the conduct of selection boards as well as Promotion Advisory Boards. It provides, in pertinent part, that officers who were not considered by the proper board or whose records contained material error or was missing information when they were considered, may be considered for promotion by a Promotion Advisory Board under the same criteria as the board that was supposed to originally consider them.
DISCUSSION AND CONCLUSIONS:
1. The applicant was discharged from the Army National Guard and was transferred to the USAR in January 2008.
2. The 2008 USAR CW3 Promotion Selection Board convened in April 2008 and the applicant was eligible for consideration by that board; however, through an administrative oversight, his records were not considered by that board.
3. Accordingly, it would be in the interest of justice to place the applicant's records before a duly constituted Promotion Advisory Board to consider his records under the same criteria used by the 2008 selection board.
4. Additionally, should the applicant be selected by the Promotion Advisory Board, the applicant is entitled to all back pay and allowances that he would have received had he originally been selected and promoted.
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 placing the applicant's records before a duly constituted Promotion Advisory Board for consideration for promotion to the rank of CW3 under the same criteria used by the 2008 selection board and if selected, be entitled to all back pay and allowances he would have received had he been properly considered by the original board.
________XXX_________________
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) AR20080015400
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