IN THE CASE OF:
BOARD DATE: 01 April 2010
DOCKET NUMBER: AR20090016199
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 that his records be corrected to show his retired grade as chief warrant officer four (CW4). He also requests any pay differential that this correction will necessitate.
2. The applicant states he was promoted to CW4 effective 1 August 2008.
3. The applicant provides documents which he lists in his request.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show that he was appointed as a warrant officer on 26 November 1997 with prior enlisted service. He served continuously and was promoted to CW3 on 1 December 2004.
2. On 28 August 2006, the Army Special Review Boards (SRB) directed that the applicant's officer evaluation report (OER) for the period 17 December 2006 through 11 April 2007 be removed from his records. The SRB added that promotion reconsideration was not warranted as a result of the correction.
3. On 31 October 2008, the SRB processed a supplemental proceeding on the applicant's case. The SRB directed that the applicant be given promotion reconsideration to CW4.
4. The applicant was retired for years of service on 30 April 2009.
5. The applicant was selected for promotion and Order Number 240-001 was published on 28 August 2009 promoting the applicant to CW4 effective 1 August 2008.
6. Title 10, U. S. Code, section 1371, warrant officers: general rule, states that unless entitled to a higher retired grade under some other provision of law, a warrant officer retires, as determined by the Secretary concerned, in the permanent regular or Reserve warrant officer grade, if any, that he held on the day before the date of his retirement, or in any higher warrant officer grade in which he served on active duty satisfactorily, as determined by the Secretary, for a period of more than 30 days.
DISCUSSION AND CONCLUSIONS:
1. Based on the applicant's retroactive promotion, he was a CW4 on the date of his retirement. As such, he was entitled, as an operation of law, to be retired as a CW4.
2. His DD Form 214 for the period ending 30 April 2009 should be corrected to show in Item 4a (grade, rate or rank) CW4, Item 4b (pay grade) WO4, and
Item 12h (effective date of pay grade) 1 August 2008.
3. As for pay, the applicant is entitled to the difference in pay between CW3 and CW4 from the effective date of his promotion: 1 August 2008. Therefore, he should be paid the difference for the time he served on active duty and the time he has been on the Retired List.
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. amending his DD Form 214 for the period ending 30 April 2009 to show his rank as CW4 in Item 4a, his pay grade as WO4 in Item 4b, and his effective date of pay grade as 1 August 2008 in Item 12h;
b. showing he was placed on the Retired List in the rank of CW4; and
c. paying him the difference in active duty and retired pay between CW3 and CW4 from 1 August 2008.
_______ _ 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) AR20090016199
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090016199
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090021224
The applicant requests: a. retroactive promotion to chief warrant officer four (CW4) on 6 November 2007; b. amendment of active duty orders for the period 6 November 2007 to 11 March 2008 to recover retroactive pay and allowances; and c. correction of item 12c (Net Active Service This Period), item 12d (Total Prior Active Service), and item 12e (Total Prior Inactive Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending dated 11 March 2008,...
ARMY | BCMR | CY2011 | 20110002621
The applicant requests correction of item 4a (Grade, Rate or Rank) of his 30 April 1994 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was a master warrant officer four (MW4). The applicant states his DD Form 214 reflects his rank as chief warrant officer four (CW4); however, he was laterally appointed an MW4, which is now a chief warrant officer five (CW5) in orders, dated 22 November 1988. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2014 | 20140006504
The applicant requests correction of item 12b (Separation Date This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty). However, NGB orders show he was REFRAD on 31 July 2009 in the rank of CW4 after completing 7 years, 2 months, and 25 days during this period of service. Therefore, the following items of his DD Form 214 should be corrected to show: * Item 4a CW4 * Item 4b W04 * Item 12b - 31 July 2009 * Item 12c 7 years, 2 months, and 25 days BOARD...
ARMY | BCMR | CY2013 | 20130008580
Military Personnel Records and advisory opinions (if any). The applicant requests, in effect, correction of her military records to show at the time of retirement her rank/grade was colonel (COL)/O-6 vice lieutenant colonel (LTC)/O5. Since she did not serve in the grade of COL for 3 years in an active status, she is not entitled to the benefits associated with that promotion.
ARMY | BCMR | CY2010 | 20100008867
The applicant requests correction of his 30 September 2004 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank as Chief Warrant Officer Four (CW4)/W4 and his award of the Bronze Star Medal (BSM). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his grade and rank on his 30 September 2004 DD Form 214 as CW4/W4 and the effective date of pay grade as 24 August 2004. The Board further...
ARMY | BCMR | CY2011 | 20110002860
The applicant contends that his DD Form 214 should be corrected to show he was promoted to LTC/O-5 and retired from active duty in that grade because orders were issued promoting him to LTC while he was on transition leave and prior to his separation date. Records show that USAHRC issued orders promoting the applicant to LTC/O-5 effective 1 December 2009. The evidence of record shows that in order to retire in the rank/grade of LTC/O-5, an officer must satisfactorily serve in the new...
ARMY | BCMR | CY2011 | 20110019880
IN THE CASE OF: BOARD DATE: 26 April 2012 DOCKET NUMBER: AR20110019880 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. He states his DD Form 214 is in error because item 12h (Effective Date of Pay Grade) shows the correct date he was promoted to SPC/E-4. Accordingly, he was retired on 10 April 2009 in the grade of PVT/E-1 (item 12h incorrectly shows the effective date of pay grade as 1 July 2008).
ARMY | BCMR | CY2006 | 20060014902
These orders show, in pertinent part, the applicant was retired from active duty on 30 September 1980 and placed on the Retired list in the grade of CW2 (W-2), effective 1 October 1980. It states, in pertinent part, that warrant officers and enlisted members of the Army are entitled, when their active service plus their service on the Retired list totals 30 years, to be advanced on the Retired list to the highest grade in which they served on active duty satisfactorily. The evidence of...
ARMY | BCMR | CY2008 | 20080012288
IN THE CASE OF: BOARD DATE: 21 October 2008 DOCKET NUMBER: AR20080012288 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that items 4a (Grade, Rate or Rank), 4b (Pay Grade), and 12h (Effective Date of Pay Grade) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 25 August 2008 be corrected to show he was promoted to major/pay grade O4 effective 30 May 2008. The applicant states that he was promoted to major...
ARMY | BCMR | CY2006 | 20060017825
The applicant requests correction of his records to show that he retired as a CW5 (chief warrant officer five/pay grade W-5). The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), memorandum requesting to retire, memorandum requesting waiver of active duty service obligation, endorsement of his request for retirement, the fiscal year 2005 CW5 promotion selection list, and his retirement orders. In a memorandum addressed to United States...