IN THE CASE OF:
BOARD DATE: 30 APRIL 2009
DOCKET NUMBER: AR20090001113
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, promotion consideration for chief warrant officer three (CW3) by a Standby Advisory Board (STAB) under the 1999 through 2005 criteria and if selected promotion consideration for chief warrant officer four (CW4) by the appropriate boards.
2. The applicant states, in effect, that he was not considered for promotion to CW3 by the 1999 through 2005 promotion selection board.
3. The applicant provides a self-authored letter, dated 7 November 2008; and an endorsement letter from his commander, dated 15 September 2008, in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant was released from active duty training and returned to the California Army National Guard (CAARNG) in Chico on 14 December 1975.
2. After leaving prior enlisted service in the CAARNG on 15 August 1981, the applicant was appointed as a second lieutenant in the Army National Guard. He was discharged on 2 February 1994 in the rank of captain (O-3).
3. On 3 February 1994, the applicant was appointed a chief warrant officer two in the ARNG.
4. The applicant was considered for promotion to CW3 by the Fiscal Year 2006 and 2007 Chief Warrant Officer Boards. He was recommended for promotion to CW3 by the 2008 promotion board and promoted with a date of rank (DOR) of
3 February 2000 and an effective date of 5 August 2008.
5. In processing this case, an advisory opinion was obtained from the Chief, Special Actions Branch, Human Resources Command, St. Louis who indicates that the applicant was in the zone for promotion consideration to CW3 by the Department of Army Promotion Advisory Boards under the 1999 through 2005 criteria but was omitted from consideration by those boards.
6. A copy of the advisory opinion was forwarded to the applicant for his information and possible comment. On 10 March 2009, the applicant concurred with the advisory opinion rendered in his case.
7. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other than General Officers) states 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 (warrant officers) or a special selection board (commissioned officers other than commissioned warrant officers), as appropriate.
DISCUSSION AND CONCLUSIONS:
1. Based on a review of the applicants records by the Office of Promotions, Reserve Components, Human Resources Command, St. Louis, the applicant has established a basis for promotion consideration by a warrant officer STAB under the 1999 through 2005 criteria due to omission from consideration by those boards.
2. In the event that the applicant is promoted under the 1999 through 2005 criteria it would be appropriate for the applicant to be given promotion consideration for CW4 under the 2006 through 2008 criteria with an educational waiver.
3. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicants records as recommended below.
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 STAB for promotion consideration for CW3 under the 1999 through 2005 criteria. If selected, his records should be corrected to show he was promoted to CW3 on his date of eligibility as determined by appropriate Departmental officials provided he was otherwise qualified and met all other prerequisites for promotion.
2. Additionally, if selected for promotion to CW3, he should then be considered for consideration to CW4 by a duly constituted STAB under the 2006 through 2008 criteria with an educational waiver.
3. That if not selected, the applicant be so notified.
_______ _ __XXX_____ ___
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) AR20090001113
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090001113
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080016813
The applicant states, in effect, he was a chief warrant officer two (CW2) when he transferred from the US Army Reserve (USAR) to the Army National Guard (ARNG) on 12 February 2000. On 2 March 2004, the ARNG again transferred the applicant to the USAR. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by granting him promotion consideration to CW4 under the 2005, 2006, and 2007 promotion selection criteria.
ARMY | BCMR | CY2008 | 20080003854
By letter dated 26 August 2003, the applicant was notified by the U.S. Army Total Army Personnel Command St. Louis that he was not selected a second time for promotion. It stated, "A review of the applicant's records revealed that he was considered, but non-selected by the 2002 and 2003 Chief Warrant Officer Four Department of the Army Reserve Components Selection Board as a member of the Individual Ready Reserve. Evidence shows that he was well aware of the 2002 and 2003 DA RCSBs and...
ARMY | BCMR | CY2008 | 20080007903
The applicant states My eligibility for promotion to CW4 was not considered by the April 18-23, 2008 promotion Board. The applicant should have been considered for promotion to CW4 by the 2008 promotion selection board. 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 Special Selection Board for consideration for Reserve promotion to Chief Warrant Officer Four under the 2008...
ARMY | BCMR | CY2007 | 20070013271C080407
The applicant states, in effect, that he believes he was not selected for promotion to CW4 because several key documents were missing from his Official Military Personnel File (OMPF) and the record reviewed by the Reserve Component Selection Board (RCSB) in March 2007. This official further states that based on these omissions, the applicant is eligible for promotion consideration by a DA Promotion Advisory Board (PAB), and it is recommended the applicant be granted PAB consideration under...
ARMY | BCMR | CY2005 | 20050000943C070206
The applicant provides the following documents in support of his application: Warrant Officer Advanced Course (WOAC) Certificate; Separation Document (DD Form 214); and United States Army Reserve (USAR) Discharge Orders. The HRC-St. Louis RC promotion official further stated that the applicant did not meet the military education requirement prior to the convening date of the 2002 board, as a result there is no basis for his promotion reconsideration by a Stand-By Advisory Board (STAB) under...
ARMY | BCMR | CY2005 | 20050000943C070206
The applicant provides the following documents in support of his application: Warrant Officer Advanced Course (WOAC) Certificate; Separation Document (DD Form 214); and United States Army Reserve (USAR) Discharge Orders. The HRC-St. Louis RC promotion official further stated that the applicant did not meet the military education requirement prior to the convening date of the 2002 board, as a result there is no basis for his promotion reconsideration by a Stand-By Advisory Board (STAB) under...
ARMY | BCMR | CY2009 | 20090020321
The applicant provides: * congressional correspondence * a memorandum to the Army Board for Correction of Military Records (ABCMR), dated 19 November 2009 * a copy of the OER with an ending date of 3 October 1991 * a copy of his Officer Record Brief with a preparation date of March 1993 * copies of course completion documents for the Warrant Officer Support Maintenance Technician Course * an Army Achievement Medal Certificate * a Junior Officer Maintenance Course diploma * a DA Form 1059...
ARMY | BCMR | CY2005 | 20050017148C070206
The applicant requests, in effect, promotion consideration for chief warrant officer four (CW4) by a special board. In an advisory opinion, dated 12 January 2006, the Chief, Special Actions, Office of Promotions, Reserve Components, Human Resources Command, St. Louis, Missouri, stated that the applicant was considered and not selected for promotion to CW4 by the 2004 and 2005 RCSBs which convened on 13 April 2004 and 12 April 2005, respectively. As a result, the Board recommends that all...
ARMY | BCMR | CY2009 | 20090001995
Medical records covering the period from 16 May to 25 May 2005 documenting the applicant's treatment for acute bronchitis and pneumonia; c. A memorandum from the applicant to the President of the Promotion Board, dated 30 January 2008, requesting a waiver of the WOAC requirement for promotion to CW4 in which she outlines the history of her efforts to attend the WOAC and the reasons she had not been successful in scheduling and completing the course, which included her "civilian job and...
ARMY | BCMR | CY2006 | 20060011637
The applicant requests, in effect, consideration for promotion to Chief Warrant Officer Five (CW5) by a Department of the Army Promotion Advisory Board under the 2006 criteria. The advisory opinion states the applicants file was omitted from the 2006 Department of the Army Reserve Components Selection Board for promotion to CW5 and that he is eligible for consideration for promotion to CW5 by a Department of the Army Promotion Advisory Board. If the applicant is selected for promotion to...