IN THE CASE OF:
BOARD DATE: 11 JUNE 2009
DOCKET NUMBER: AR20080019264
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 she be reconsidered for promotion to Chief Warrant Officer Five (CW5) by a Special Selection Board (SSB).
2. The applicant states, in effect, that as a result of the incorrect coding of her records, she was not considered for promotion by the Fiscal Year (FY) 2008 CW5 Reserve Component Selection Board (RCSB).
3. The applicant provides additional documentary evidence with her application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows after serving in the Army National Guard (ARNG) and United States Army Reserve (USAR) in an enlisted status, she was appointed a Reserve warrant officer, in the rank of Chief Warrant Officer Two (CW2), on 6 March 1991. She was promoted to Chief Warrant Officer Three (CW3) on 12 March 2000, and to CW4 on 6 March 2003.
2. During the processing of this case, an advisory opinion was obtained from the U. S. Army Human Resources Command-St. Louis (HRC-STL), Chief, Special Actions Branch, Department of the Army (DA) Promotions. This official confirms the applicant was omitted from consideration for promotion to CW5 by the FY 2008 CW5 RCSB and as a result, her request for promotion consideration by a SSB should be approved. The applicant concurred with this advisory opinion on 23 February 2009.
3. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), in pertinent part, contains guidance on managing SSBs. It states, in pertinent part, that SSBs may be convened to consider or reconsider commissioned or warrant officers for promotion when Headquarters, Department of the Army discovers an officer was not considered from in or above the promotion zone by a regularly scheduled board because of administrative error.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that she should be considered for promotion to CW5 by an SSB was carefully considered and found to have merit.
2. The evidence of record confirms the applicant was omitted from consideration by the FY 2008 CW5 RCSB due to an administrative error, as confirmed in the HRC-STL advisory opinion. Therefore, it would be appropriate to have the applicant's record placed before an SSB for consideration for promotion under the criteria of the FY2008 CW5 RCSB.
3. Further, if she is selected, her promotion effective date and date of rank should be assigned as if she had been originally selected under the earlier criteria identified by the SSB, and she should be provided all back pay and allowances due as a result.
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 her records to a duly constituted SSB for promotion consideration to Chief Warrant Officer Five under the criteria followed by the Fiscal Year 2008 DA CW5 RCSB;
b. If she is selected for promotion by the SSB, her records should be corrected by establishing her CW5 promotion effective date and date of rank as if she had been originally selected under the earlier criteria identified by the SSB and by providing her all back pay and allowances due as a result; and
c. If she is not selected for promotion by the SSB, she should be so notified by Human Resources Command, St. Louis promotion officials.
_______ _ _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) AR20080019264
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