IN THE CASE OF:
BOARD DATE: 30 April 2009
DOCKET NUMBER: AR20090003670
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 paid for his chief warrant officer three promotion.
2. The applicant states, in effect, that while serving as a chief warrant officer two he received a direct commission as a second lieutenant in the Medical Service Corps in January 2002 after beginning the Army Medical Department (AMEDD) Officer Basic Course (OBC). He contends that he completed OBC in April 2002 and he was then certified to become a second lieutenant. He states that prior to completing OBC he received promotion orders for chief warrant officer three. He also contends that he earned the promotion to chief warrant three and the pay raise. He further states that if he would have remained a warrant officer and then took the commission, the amount of Saved-Pay money was more than significant. He states that the commissioning system should have allowed for a Saved-Pay promotion while in school prior to completion of OBC.
3. The applicant provides a DA Form 71 (Oath of Office - Military Personnel), promotion orders, a DD Form 214 (Certificate of Release or Discharge from Active Duty), and two emails in support of his application.
CONSIDERATION OF EVIDENCE:
1. Having prior active service in the Regular Army as a warrant officer, the applicant was appointed a second lieutenant in the U.S. Army Reserve (USAR) on 28 January 2002.
2. Orders, dated 13 February 2002, show he was promoted to chief warrant three effective 1 March 2002.
3. A DA Form 1059 (Service School Academic Evaluation Report), dated
12 April 2002, shows the applicant completed the AMEDD OBC during the period 28 January 2002 to 5 April 2002.
DISCUSSION AND CONCLUSIONS:
Since the applicant was appointed a second lieutenant in the USAR on
28 January 2002, he no longer maintained a warrant officer status. It appears the orders promoting him to warrant officer three effective 1 March 2002 were in error. Therefore, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X_____ ___X____ ___X____ 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.
___________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) AR20090003670
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ABCMR Record of Proceedings (cont) AR20090003670
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