IN THE CASE OF:	  

		BOARD DATE:	  12 May 2011

		DOCKET NUMBER:  AR20100017883 


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 Five (CW5) by a special selection board (SSB) under the criteria of the 2010 CW5 Reserve Components Selection Board (RCSB).

2.  He states, in effect, that he was notified by the Office of the Chief, Army Reserve that he was not considered for promotion to CW5 because his promotion packet was erroneously pulled before the promotion board had a chance to see it.

3.  He provides:

* Military Personnel (MILPER) Message Number 10-002, titled:  Fiscal Year 2010 Reserve Component Chief Warrant Officer Five Competitive Categories Promotion Selection Boards, dated 6 January 2010
* a U.S. Army Human Resources Command (USAHRC) memorandum, subject:  Promotion as a Reserve Commissioned Warrant Officer of the Army, dated 10 December 2003
* two DA Forms 1059 (Service School Academic Evaluation Report), dated 14 December 1989 and 6 October 1995, respectively

CONSIDERATION OF EVIDENCE:

1.  The applicant had prior enlisted service.  On 8 December 1989, he was appointed as a Reserve Warrant Officer of the Army in the rank/grade of warrant officer one (WO1)/W-1 in military occupational specialty (MOS) 915A (Unit Maintenance Technician (Light)).

2.  The Soldier Management System (SMS) at USAHRC shows (in Skills Data) his current primary MOS is 915E (Senior Automotive Maintenance Technician) and his additional MOS is 919A (Engineer Equipment Repair Technician).

3.  USAHRC Orders R-11-377486, dated 24 November 2003, show he was ordered to active duty in the Active Guard Reserve (AGR) program effective
6 January 2004.

4.  By memorandum from USAHRC, dated 10 December 2003, he was promoted to chief warrant officer four (CW4), effective 8 December 2003.

5.  MILPER Message Number 10-002, dated 6 January 2010, announced the Fiscal Year (FY) 2010 zones of consideration for promotion to CW5 with a board convene date of 23 March 2010.  In pertinent part, it shows MOS 910 series among the MOSs to be considered and it stated that the primary zone date of rank was 1 January 2005 through 31 December 2005.

6.  In the processing of this case, on 26 January 2011, an advisory opinion was obtained from the Chief, Special Actions Branch, USAHRC.  The advisory official recommended denial of the applicant's request to be considered for promotion to CW5 by an SSB.  It stated "Upon receipt of the MILPER message for the board it was revealed his occupational specialty of 915E was not included in the specialties to be considered.  Due to this fact the applicant was not eligible for promotion consideration; therefore, his name was deleted from the board."

7.  On 10 February 2011, the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  On 28 February 2011, the applicant stated in his rebuttal that USAHRC's advisory opinion contains two errors, in that:

* it states his MOS 915E was not listed on the MILPER message; however, his MOS is 919A
* based on the MILPER message which states 910 series, seven other Soldiers were considered by the board, all of whom qualified as 919As

8.  On 29 April 2011, the Chief, Special Actions Branch, USAHRC, provided a revised advisory opinion.  The advisory official stated the applicant was initially identified for promotion consideration by the 2010 CW5 RCSB.  However, he was erroneously removed from the board due to his MOS.  He was eligible for 

consideration by the board due to the fact his specialty series of 910 met the consideration requirement.  Therefore, the applicant should be approved for promotion consideration by a DA Promotion Advisory Board for promotion to CW5 under the 2010 criteria.

9.  On 10 May 2011, a copy of the revised advisory opinion was forwarded to the applicant for information and concurrence or non-concurrence.  The applicant concurred with the advisory opinion.

10.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other than General Officers) states that officers and warrant officers who have either failed 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 (for warrant officers) or a special selection board (for commissioned officers), as appropriate.

DISCUSSION AND CONCLUSIONS:

1.  The denial recommendation cited in the USAHRC advisory opinion, dated
26 January 2011, shows that the applicant was not considered for promotion to CW5 based on information that his occupational specialty of 915E was not included in the specialties to be considered for promotion to CW5, which removed his name from the list of consideration.

2.  USAHRC later stated in a revised advisory opinion, dated 29 April 2011, that the applicant was erroneously removed from the board due to his MOS.  He was eligible for consideration by the board due to his specialty series of 910 meeting the consideration requirement.  Therefore, he should be considered by a promotion advisory board for promotion to CW5 under the 2010 criteria.

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:

   a.   submitting his records to a duly-constituted promotion advisory board or a special selection board, as appropriate, for promotion consideration to CW5 under the 2010 year criteria;

   b.  if the applicant is selected, his records should be further corrected by showing he was promoted to CW5 on his date of eligibility, as determined by appropriate Departmental officials, using the 2010 year criteria, provided he was otherwise qualified and met all other prerequisites for promotion; or

   c.  notifying the applicant if he is not selected for promotion.



      ___________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)                                         AR20100017883



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ABCMR Record of Proceedings (cont)                                         AR20100017883



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