IN THE CASE OF:
BOARD DATE: 4 March 2010
DOCKET NUMBER: AR20090015705
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, consideration for promotion to Chief Warrant Officer Four (CW4) by a Department of the Army (DA) Promotion Advisory Board under the 2009 criteria.
2. The applicant states, in effect, that at the time of the 2009 CW4 promotion board his promotion records were incorrect, in that his records were flagged as "not educationally qualified." Upon investigation by his Branch Manager and other officials at the Human Resources Command, it was discovered that he was educationally qualified. He contends the promotion board was not processed properly and therefore he was not considered for promotion. He points out that his first application to this board was closed by letter because he did not provide his nonselection letter; however, letters of nonselection are no longer sent to Soldiers who are not selected for promotion.
3. The applicant provides a Certificate of Training; memoranda, dated
25 September 2009 and 3 March 2009; a Promotion List for CW3 and CW4, U.S. Army Reserve (USAR) Component; a letter, dated 13 August 2009, from the Army Review Boards Agency; and his initial application, dated 17 July 2009, in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving as a USAR CW3 in the Active Guard Reserve Program.
2. The applicant completed the Aviation Warrant Officer Advanced Course on
16 October 2006.
3. In April 2009, the applicant was considered but not selected for promotion to CW4 by a DA Reserve Components Selection Board.
4. In the processing of this case, a staff advisory opinion was obtained from the Chief, Special Actions Branch, DA Promotions, U.S Army, Human Resources Command (USAHRC), St. Louis, Missouri. The opinion states that the applicant's file, when considered by the 2009 DA Reserve Components CW4 Selection Board, indicated he was not education qualified. The applicant completed the Warrant Officer Advanced Course prior to the selection board's date and the completion certificate was inadvertently overlooked by the board. Based on the erroneous information considered by the selection board, the applicant is eligible for promotion consideration by a DA Promotion Advisory Board. The advisory opinion recommended that the applicant be granted advisory board consideration under the 2009 criteria.
5. A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal. On 26 October 2009, the applicant responded. In summary, he stated that the findings found by the Special Actions Branch appear to agree with his previous correspondence with USAHRC and understanding of events. He believes a special selection board for promotion is the only method which would permit a promotion to CW4 on time and in the proper year group.
6. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officer Other Than General Officer) prescribes the policies and procedures for promotion of Reserve officers. This regulation specifies that promotion advisory boards/special selection boards will be convened on an as needed basis to reconsider officers who were either improperly omitted from consideration due to administrative error, or who were non-selected for mandatory promotion as a result of material error.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant completed the Aviation Warrant Officer Advanced Course on 16 October 2006.
2. The advisory opinion states that when the applicants file was considered by the 2009 DA Reserve Components CW4 Selection Board it erroneously indicated that he was not education qualified and that he is eligible for consideration for promotion to CW4 by a DA Promotion Advisory Board under the 2009 criteria. Therefore, it would be equitable to submit the applicants records to a duly constituted DA Promotion Advisory Board for consideration to promotion to CW4 under the 2009 criteria.
3. If the applicant is selected for promotion to CW4, his records should be further corrected by promoting him to CW4 and assigning the appropriate date of rank.
BOARD VOTE:
_____X__ ___X____ ___X____ 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 his records to a duly constituted DA Promotion Advisory Board for promotion consideration to CW4 under the 2009 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 Departmental officials, using the 2009 criteria provided he was otherwise qualified and met all other prerequisites for promotion.
3. That if he is not selected for promotion, he be notified accordingly.
_______ _ 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) AR20090015705
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ABCMR Record of Proceedings (cont) AR20090015705
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