IN THE CASE OF:
BOARD DATE: 5 March 2009
DOCKET NUMBER: AR20080016813
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 standby promotion consideration by the Department of the Army (DA) Promotion Advisory Board using promotion criteria for 2005 through 2007.
2. The applicant states, in effect, he was a chief warrant officer two (CW2) when he transferred from the US Army Reserve (USAR) to the Army National Guard (ARNG) on 12 February 2000. He was subsequently promoted by the ARNG to the rank of chief warrant officer three (CW3) on 5 August 2000. During the same time period, the USAR considered him for promotion to CW3, but did not select him by the 1999 and 2000 DA Reserve Components Warrant Officer Selection Boards. He was discharged from the USAR on 17 June 2003. In March 2004, the applicant transferred to the USAR and he should have been considered for promotion to CW4 in 2005, 2006, and 2007, but because of his erroneous discharge status, he was not considered.
3. The applicant provides:
a. electronic mail (email) from the Chief, Special Actions, DA Promotions, US Army Human Resources Command (HRC), St. Louis, MO, dated 12 September 2008;
b. email from the applicant to the Commander, HRC-St. Louis, dated 12 September 2008;
c. Orders D-06-322094R, HRC-St. Louis, dated 2 August 2007, voiding the 17 June 2003 discharge of the applicant;
d. Orders 221-245, State of Texas, Adjutant Generals Department, Austin, TX, dated 8 August 2000, promoting the applicant to CW3, effective 5 August 2000;
e. Orders 133 AR, Department of the Army and the Air Force, National Guard Bureau, Washington, DC, dated 21 August 2000, extending Federal recognition to the applicant, effective 5 August 2000; and
f. a copy of Major Personnel Actions from the applicants Integrated Personnel Electronic Records Management System (iPERMS) records.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the ARNG on 22 February 1988. He was appointed as a warrant officer (WO1) on 9 May 1991. On 2 August 1997, he transferred from the ARNG to the USAR. On 12 February 2000, as a CW2, he transferred back to the ARNG.
2. The applicant was promoted to CW3 by the Texas ARNG (TXARNG) and extended Federal recognition on 5 August 2000.
3. For reasons unknown, the USAR did not acknowledge the applicants 12 February 2000 transfer to the ARNG. He was twice considered for USAR promotion to CW3 and was not selected. The USAR then discharged him on 17 June 2003.
4. On 2 March 2004, the ARNG again transferred the applicant to the USAR. As a result, he should have been considered for promotion to CW4 by the DA Reserve Components Warrant Officer Selection Boards for 2005, 2006, and 2007; however, he was not considered due to an incorrect status of having been discharged from the USAR in 2003.
5. The HRC-St. Louis published Orders D-06-322094R, dated 2 August 2007, voiding Orders D-06-322094R, dated 17 June 2003, which discharged the applicant.
6. In the processing of this case, an advisory opinion was obtained from the Chief, Special Actions Branch, DA Promotions, HRC-St Louis, which states that the applicant should have been considered for promotion to CW4 in 2005, 2006, and 2007. The opinion recommended granting promotion consideration by a DA Promotion Advisory Board under criteria for 2005, 2006, and 2007. The applicant was provided an opportunity to respond to the advisory opinion, and he concurred on 24 December 2008.
7. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes policy and procedures used for selecting and promoting commissioned officers (other than commissioned warrant officers) of the ARNG and of commissioned and warrant officers of the USAR. It provides, in pertinent part, officers and warrant officers who have either failed of selection for promotion, or 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests standby promotion consideration by the DA Promotion Advisory Board using promotion criteria for 2005 through 2007.
2. The applicant was erroneously discharged by the USAR in 2003 for failure to be promoted to CW3. During the time of his USAR non-selection for promotion to CW3, the applicant was already a CW3 in the TXARNG.
3. Upon return to the USAR, the applicant was improperly denied promotion consideration to CW4 in 2005, 2006, and 2007.
4. The applicant's records should be reviewed for promotion using the criteria in effect in 2005, 2006, and 2007.
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 granting him promotion consideration to CW4 under the 2005, 2006, and 2007 promotion selection criteria.
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) AR20080016813
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080016813
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090001995
Medical records covering the period from 16 May to 25 May 2005 documenting the applicant's treatment for acute bronchitis and pneumonia; c. A memorandum from the applicant to the President of the Promotion Board, dated 30 January 2008, requesting a waiver of the WOAC requirement for promotion to CW4 in which she outlines the history of her efforts to attend the WOAC and the reasons she had not been successful in scheduling and completing the course, which included her "civilian job and...
ARMY | BCMR | CY2012 | 20120000479
The applicant provides: * October 2001 USAR Honorable Discharge Certificate * 1994 Selection for Promotion memorandum * 1995 Eligibility for Promotion Memorandum and Endorsement * 2001 Non-Selection Notification of Promotion * 2010 DA Form 71 (Oath of Office Military Personnel) * National Guard Bureau (NGB) Special Orders Number 189 AR * Orders 224-1126, issued by the TXARNG, dated 12 August 2010 CONSIDERATION OF EVIDENCE: 1. b. Paragraph 7-4 (Computation of promotion service to determine...
ARMY | BCMR | CY2007 | 20070015787
On 1 August 2006, HRC-Alexandria, Virginia, published Orders A-09-409086A01, amending Orders A-09-409086, dated 7 September 2004, to read the additional instruction effective 28 October 2004, all Reserve Component warrant officers ordered to active duty for operational support will remain in the Reserve component promotion system. 5. In an advisory opinion obtained in the processing of this case on 27 December 2007, the Chief, Special Actions Branch, Reserve Promotions, HRC-St Louis,...
ARMY | BCMR | CY2007 | 20070013271C080407
The applicant states, in effect, that he believes he was not selected for promotion to CW4 because several key documents were missing from his Official Military Personnel File (OMPF) and the record reviewed by the Reserve Component Selection Board (RCSB) in March 2007. This official further states that based on these omissions, the applicant is eligible for promotion consideration by a DA Promotion Advisory Board (PAB), and it is recommended the applicant be granted PAB consideration under...
ARMY | BCMR | CY2006 | 20060011323C070205
On 18 July 2006, the Office of Promotions, Reserve Components, the HRC, St. Louis, Missouri, issued Orders Number B-07-605213, promoting the applicant to CW4 with a promotion effective date of 18 July 2006 and date of rank of 6 July 2006. Accordingly, a promotion order was issued with a promotion effective date of 18 July 2006 and a date of rank of 6 July 2006. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he...
ARMY | BCMR | CY2004 | 20040009527C070208
The Office of Promotions, Reserve Components, Army Human Resource Command (AHRC) – St. Louis reviewed the applicant’s record and determined he was erroneously not considered for promotion to CW4 by the 2001 and 2002 RCSBs, and that he was eligible for consideration for promotion to CW4 by a Special Selection Board (SSB) under the 2001 and 2002 CW4 RCSB selection criteria. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. If selected for...
ARMY | BCMR | CY2008 | 20080003854
By letter dated 26 August 2003, the applicant was notified by the U.S. Army Total Army Personnel Command St. Louis that he was not selected a second time for promotion. It stated, "A review of the applicant's records revealed that he was considered, but non-selected by the 2002 and 2003 Chief Warrant Officer Four Department of the Army Reserve Components Selection Board as a member of the Individual Ready Reserve. Evidence shows that he was well aware of the 2002 and 2003 DA RCSBs and...
ARMY | BCMR | CY2012 | 20120006743
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...
ARMY | BCMR | CY2009 | AR20090001113
The applicant requests, in effect, promotion consideration for chief warrant officer three (CW3) by a Standby Advisory Board (STAB) under the 1999 through 2005 criteria and if selected promotion consideration for chief warrant officer four (CW4) by the appropriate boards. He was recommended for promotion to CW3 by the 2008 promotion board and promoted with a date of rank (DOR) of 3 February 2000 and an effective date of 5 August 2008. In processing this case, an advisory opinion was...
ARMY | BCMR | CY2005 | 20050000943C070206
The applicant provides the following documents in support of his application: Warrant Officer Advanced Course (WOAC) Certificate; Separation Document (DD Form 214); and United States Army Reserve (USAR) Discharge Orders. The HRC-St. Louis RC promotion official further stated that the applicant did not meet the military education requirement prior to the convening date of the 2002 board, as a result there is no basis for his promotion reconsideration by a Stand-By Advisory Board (STAB) under...