BOARD DATE: 20 October 2009
DOCKET NUMBER: AR20090007127
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 correction of her military records to add her missing DA Form 67-9 (Officer Evaluation Report) and to be reconsidered for promotion to chief warrant officer five (CW5), pay grade W-5.
2. The applicant states that during the 2008 Department of the Army Reserve Component CW5 Selection Board she was voluntarily on active duty serving two back-to-back combat deployments in Iraq and Afghanistan. Her official military personnel file (OMPF) had not been updated and was not correct at that time. There was at least one missing DA Form 67-9. The applicant was non-selected for promotion. Had the promotion board seen the missing evaluation, it may have made a significant difference.
3. The applicant provides, in support of her application, copies of her letter to the promotion board president; two DA Forms 67-9 for the periods from 1 March 2007 to 29 February 2008 and from 1 March to 30 November 2008; DD Form 214 (Certificate of Release or Discharge from Active Duty); Notification of Promotion Status memorandum dated 6 August 2002; Promotion to Chief Warrant Officer Four (CW4) memorandum dated 8 August 2003; reassignment orders, dated 17 June 2009; and her DA Form 4037 (Officer Record Brief), dated 31 March 2009.
CONSIDERATION OF EVIDENCE:
1. At the time of her application, the applicant was a CW4, United States Army Reserve, in the Individual Ready Reserve (IRR). Her date of rank as CW4 is 24 March 2003.
2. A DA Form 67-9, for the period 1 March 2007 to 29 February 2008, shows that the applicant was assigned for duty as the Joint Special Operations Air Detachment Liaison Officer in Iraq. The report is currently filed in the applicant's OMPF.
3. A DA Form 67-9, for the period 1 March 2008 to 30 November 2008, shows that the applicant was assigned for duty as the Joint Special Operations Air Detachment Operations Officer in Afghanistan. The report is currently filed in the applicant's OMPF.
4. In the processing of this case, an advisory opinion was obtained from the Special Actions Branch, Department of the Army Promotions, United States Army Human Resources Command, St. Louis, Missouri. The opinion stated that the applicant's file, when considered by the 2008 Department of the Army Reserve Components CW5 Selection Board, did not include her DA Form 67-9 for the period ending on 29 February 2008. Therefore, she has a basis for reconsideration under the 2008 promotion criteria. The opinion recommended that the applicant be reconsidered for promotion to CW5.
5. On 4 August 2009, a copy of the advisory opinion was sent to the applicant for her information and opportunity to rebut. No response has been received.
6. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers) provides, in pertinent part that 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. One or more of the evaluation reports that should have been seen by a board (based on the announced cut-off
date) but were missing from an officerÂ’s OMPF justifies promotion reconsideration.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that she should be reconsidered for promotion to CW5.
2. The available evidence shows that the applicant's file was not complete when considered by the 2008 Department of the Army Reserve Component CW5 Selection Board.
3. In view of the above, the applicant's records should be reconsidered for promotion to CW5 under the 2008 promotion 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 her records to a duly constituted selection board/advisory board for promotion consideration for CW5 under the 2008 promotion criteria;
b. showing her records are further corrected, if selected for promotion to CW5 on her date of eligibility, as determined by appropriate Departmental officials, under the 2008 promotion criteria, provided she was otherwise qualified and met all other prerequisites for promotion; and
c. notifying her if she is not selected.
_______ _ 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.
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