IN THE CASE OF:	  

		BOARD DATE:	  17 August 2010

		DOCKET NUMBER:  AR20090021224 


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:

   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, to reflect accurate total time of service.

2.  The applicant states:

* his pay and allowances are due for higher grade for active duty service
* his time of service on his final DD Form 214 issued in March 2008 shows over 40 years and it should be approximately 26 years

3.  The applicant provides the following documents:

* DD Form 214 for the period ending 11 March 2008
* DD Form 215 (Correction to DD Form 214), dated 6 November 2009


* letter from the Defense Finance and Accounting Service (DFAS), dated
17 November 2009
* DFAS-CL 7220/148 (Retiree Account Statement), effective 16 November 2009
* Army Board for Correction of Military Records (ABCMR) Record of Proceedings, Docket Number AR20070008483, dated 26 July 2007
* letter from the U.S. Army Human Resources Command, St. Louis, MO (USAHRC-STL), dated 24 June 2008
* letter from USAHRC-STL, dated 14 September 2007
* USAHRC, Alexandria, VA (USAHRC-Alexandria), Orders
A-09-624992, dated 27 September 2006 (active duty (AD) orders)
* USAHRC-Alexandria, Orders A-02-703420A01, dated 4 April 2007 (amendment of AD orders)
* USAHRC-Alexandria, Orders A-10-721420, dated 24 October 2007 (active duty orders)
* USAHRC-Alexandria, Orders A-02-703420A02, dated 5 February 2008 (amendment orders)
* USAHRC-Alexandria, Orders A-10-721420A01, dated 7 March 2008 (amendment orders)
* U.S. Army Garrison, Fort Belvoir, VA, Orders 080-0006, dated 20 March 2008 (release from active duty (REFRAD) orders)
* USAHRC-STL, Orders C-03-805689, dated 25 March 2008 (reassignment orders)
* USAHRC-STL, Orders P04-804982, dated 11 April 2008 (retirement orders)
* USAHRC-STL, Orders B-06-803945, dated 24 June 2008 (promotion orders)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 22 June 1964 and he was REFRAD on 21 June 1968.  He completed 4 years of active military service during this period.  On the following day, he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) and remained in the USAR until he was discharged on 21 June 1970.

2.  After a break in service, he enlisted in the USAR on 4 November 1988.  He continued to serve in the USAR as an enlisted Soldier until 4 November 1993.

3.  On 5 November 1993, the applicant was appointed as a Reserve warrant officer in the rank of warrant officer one (WO1)/W-1.

4.  The applicant’s service record contains DD Forms 214 which show he served on active duty during the following periods:

* 28 April 1997 to 30 September 1997		(5 months and 3 days)
* 5 October 1997 to 1 April 1998 			(5 months and 27 days)
* 27 April 1998 to 25 September 1998		(4 months and 29 days)
* 8 November 1998 to 1 April 1999			(4 months and 24 days)
* 14 May 2001 to 30 September 2001		(4 months and 20 days)
* 2 October 2001 to 1 October 2003		(2 years)
* 2 October 2003 to 28 March 2004			(5 months and 27 days)
* 19 April 2004 to 30 September 2006		(2 years, 5 months, and 12 days)

5.  The applicant was promoted to chief warrant officer two (CW2)/W-2 on 5 April 1996 and chief warrant officer three (CW3)/W-3 on 6 November 2001.  

6.  On 1 May 2000, a DD Form 215 was issued which amended the applicant’s DD Form 214 for the period ending 1 April 1998 as follows:

* Item 12d:  04  05  29
* Item 12e:  10  05  02

7.  On 1 May 2000, a DD Form 215 was issued which amended the applicant’s DD Form 214 for the period ending 25 September 1998 as follows:

* Item 12d:  04  11  26
* Item 12e:  10  05  27

8.  On 1 May 2000, a DD Form 215 was issued which amended the applicant’s DD Form 214 for the period ending 1 April 1999 as follows:

* Item 12d:  05  04  25
* Item 12e:  10  05  09

9.  On 26 July 2007, this Board recommended correction of the applicant’s records as follows:  

   a.  that the applicant be granted a military education waiver for the Warrant Officer Advanced Course as of the convening date of the 2007 Reserve Components Selection Board (RCSB);


   b.  that the applicant's records be submitted to a duly constituted Special Selection Board (SSB) for promotion consideration to CW4 under the 2007 year criteria;
   
   c.  that if selected for promotion, the applicant’s records should be corrected by showing he was promoted to CW4 on his date of eligibility, as determined by appropriate Departmental officials, using the 2007 year criteria under which he was selected, provided he was otherwise qualified and met all other prerequisites for promotion; and
   
   d.  if not selected, the applicant should be so notified.

10.  His DD Form 214 for the period ending 11 March 2008 shows he served on active duty from 19 April 2004 through 11 March 2008 and the following:

* Item 12c:  03  10  23
* Item 12d:  09  01  06
* Item 12e:  30  08  21
* Item 12h (Effective Date of Pay Grade):  2001  11--06

11.  Item 18 (Remarks) of his DD Form 214 for the period ending 12 March 2008 shows the entry “ITEM 12D DOES NOT ACCOUNT FOR ANNUAL AND/OR WEEKEND TRAINING THIS SOLDIER MAY HAVE ACCOMPLISHED PRIOR TO DATE ENTERED IN ITEM 12A.”

12.  The applicant retired on 12 March 2008 and he was placed on the retired list in the rank of CW3.

13.  USAHRC-STL, Orders B-06-803945, dated 24 June 2008, show the applicant was promoted to CW4 with an effective date and date of rank of
6 November 2007.

14.  On 6 November 2009, a DD Form 215 was issued which amended the applicant’s DD Form 214 for the period ending 11 March 2008 as follows:

* Item 4a (Grade, Rate, or Rank):  CW4
* Item 4b (Pay Grade):  W-4

15.  In a 17 November 2009 memorandum, DFAS informed the applicant he was advanced to CW4 on the retired list and his pay was recomputed as of 12 March 2008.  His DFAS-CL 7220/148 with an effective date of 16 November 2009 shows his rank as CW4.  

16.  In a 9 June 2010 email, DFAS informed a staff member of the Board that the applicant’s Master Military Pay Account (MMPA) shows he was paid as W-3 through 11 March 2008, which was his date of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was last released from active duty on 11 March 2008.  The evidence of record shows he was selected for promotion to CW4 by an SSB under the 2007 criteria.  Orders were published on 24 June 2008 which shows the applicant was promoted to CW4 with an effective date and date of rank of     6 November 2007.

2.  The 17 November 2009 memorandum from DFAS informed the applicant he was advanced on the retired list to CW4 and his pay was recomputed as of 12 March 2008.

3.  However, it would be equitable to amend the applicant’s records to show he was promoted to CW4 as of 6 November 2007 and to pay him back pay and allowances from 6 November 2007 through 11 March 2008.  Amendment of his active duty orders is not required to effect this payment.

4.  The applicant was ordered to active duty on 19 April 2004 and he was REFRAD on 11 March 2008.  Item 12c of his DD Form 214 for the period ending 11 March 2008 accurately reflects 3 years, 10 months, and 23 days of net active service this period.

5.  The applicant’s DD Form 214 for the period ending 11 March 2008 shows
9 years, 1 month, and 6 days of total prior active service and 30 years, 8 months, and 21 days of total prior inactive service.  As any annual and/or weekend training the applicant may have accomplished prior to the date he entered active duty on 19 April 2004 cannot be determined from the available records, his records should be reviewed to determine his prior active and prior inactive service as of 11 March 2008 and his DD Form 214 for this period of service should be corrected accordingly.

6.  Item 12h of his DD Form 214 for the period ending 11 March 2008 shows he was promoted to the rank of CW3 on 6 November 2001.  On 6 November 2009, this DD Form 214 was corrected to reflect his promotion to CW4 without correcting his effective date of promotion for this grade change.  Therefore, this DD Form 214 should be corrected to show his effective date of pay grade as 6 November 2007.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X__  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from Item 12h of his DD Form 214 for the period ending 11 March 2008 the entry "2001  11  06" and replacing it with the entry "2007  11  06"; and

	b.  paying him any back pay and allowances due as a CW4 for the period
6 November 2007 through 11 March 2008.

2.  The Board recommends that the U.S. Army Human Resources Command should review the applicant's total prior active service and total prior inactive service as of 11 March 2008.  Items 12d and 12e of his DD Form 214 for the period ending 11 March 2008 should then be amended to show the appropriate total prior active service and total prior inactive service.

3.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending his active duty orders for the period 6 November 2007 through 11 March 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)                                         AR20090021224



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ABCMR Record of Proceedings (cont)                                         AR20090021224



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