BOARD DATE: 10 December 2009
DOCKET NUMBER: AR20090007885
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 his records be submitted to a Department of the Army (DA) Promotion Advisory Board for promotion consideration to chief warrant (CW) officer four using the 2009-year criteria.
2. The applicant states he has been trying to get his promotion packet before a promotion board since December 2008.
3. The applicant provides copies of letters he sent to the president of the 2009 warrant officer promotion board and copies of documents that were missing from his official military personnel file in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he enlisted in the Army National Guard on 2 April 1979 and was awarded the military occupational specialty of cartographer. He enlisted in the Regular Army on 13 November 1980 and served continuously through reenlistments until he was discharged on 3 December 1992.
2. On 3 December 1992, he enlisted in the USAR for 3 years. He enlisted in the Regular Army on 18 November 1995 in pay grade E-7. He was appointed as a Reserve warrant officer in the USAR effective 16 February 1996. The applicant was promoted to CW3 on 17 February 2004.
3. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers) prescribes that warrant officers serving in a grade below CW4 in an active Reserve status may be selected for promotion provided they meet the minimum promotion time in grade and military education requirements in table 2-3 not later than the date the selection board convenes. Table 2-3 prescribes that warrant officers in the rank of CW3 must serve a minimum of 5 years in that grade to meet the time-in-grade requirement for promotion to CW4. Table 2-3 further prescribes that for selection for CW4, warrant officers must complete the duty military occupational specialty warrant officer advanced course prior to the effective date of the next promotion.
4. On 18 May 2009, an advisory opinion was obtained from the U.S. Army Human Resources Command in the processing of this case. The advisory official stated that based on the applicant's date of rank of 17 February 2004, he was in the zone for promotion consideration by the 2009 DA Reserve Components CW4 Selection Board. The official states that the applicant was not identified to the board and recommended approval of the applicant's request for promotion consideration under the 2009-year criteria.
5. The applicant was provided a copy of the advisory opinion and submitted no response.
DISCUSSION AND CONCLUSIONS:
1. The evidence indicates the applicant attempted to have a complete promotion packet assembled for the 2009 DA Reserve Components CW4 Selection Board. However, he was not considered for promotion by that board. As such, it would be appropriate for the USAR to assemble and submit a promotion packet for the applicant to be considered by a Special Selection Board using 2009-year criteria.
2. In view of the foregoing, the applicant is entitled to have his records corrected as shown below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 submitting a promotion packet for consideration by a Special Selection Board under the 2009-year criteria.
2. That if selected, his records be further corrected by showing he was promoted to CW4 on his date of eligibility as determined by appropriate USAR officials using the 2009-year criteria, provided he was otherwise qualified and met all other prerequisites for promotion.
3. That, if not selected, the applicant be so notified and appropriate action be taken.
_________________________
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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