IN THE CASE OF:
BOARD DATE: 14 April 2011
DOCKET NUMBER: AR20100021116
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 he be considered for promotion to chief warrant officer three (CW3) by a promotion advisory board.
2. The applicant states his career manager informed him that his records were not considered by the 2010 United States Army Reserve (USAR) CW3 promotion board.
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant, having had prior service, was promoted to chief warrant officer two (CW2) and entered active duty on 15 March 2004 and he was appointed as a CW2 in the Regular Army on 11 November 2005.
2. On 14 May 2009, he was honorably discharged. On 15 May 2009, he was appointed and accepted a commission as an aviation Reserve warrant officer.
3. Headquarters, 3rd Infantry Division and Fort Stewart Orders Number
063-0010, dated 4 March 2009, amend Orders 051-0009, issued by the same organization. The amendment states: "ADDITIONAL INSTRUCTIONS:
g. Officers resignation packet will be forwarded to the U.S. Army Human Resources Command (HRC), St Louis, MO, for completion of his integration into the Individual Ready Reserve. This officer will not resign his commission until completion of his Military Service Obligation (MSO). Officers MSO will terminate on 20100313."
4. Orders Number C-12-922750 issued by the U.S. Army HRC, St Louis, MO, dated 17 December 2009, reassigned the applicant from the U.S. Army Control Group (Reinforcement) to Company A, 7th Battalion, 158th Aviation Regiment, Victorville, CA, effective 17 December 2009.
5. The Fiscal Year (FY) 2010 USAR CW3 promotion board convened on
23 March 2010.
6. A review of the Soldier Management System shows the entry "SM should have been boarded on the 2010 CW3 Board, was not. Fwded [forwarded] info to ARBA [Army Review Boards Agency]," dated 20 July 2010.
7. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers) prescribes the policies and procedures for the promotion of Reserve officers. It specifies:
a. Mandatory selection boards will convene each year (chapter 3). These boards will consider Army National Guard of the United States (ARNGUS) and USAR officers on the Reserve Active Status List (RASL) for promotion to captain (CPT) through lieutenant colonel (LTC). They will also consider USAR warrant officers to grades CW3 and CW4 in an active status, not on the Active Duty List.
b. To be considered for promotion by a selection board, a USAR officer must have continuously performed service on either the RASL or the active duty list (ADL) (or a combination of both lists) during the 1-year period ending on the convening date of the promotion board, and must meet the time in grade requirements.
c. 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 or a special selection board, as appropriate.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends a material error prevented his records from being seen by the USAR CW3 promotion board.
2. The USAR CW3 promotion board convened on 23 March 2010. Regulatory guidance states to be considered for promotion by a selection board, a USAR officer must have continuously performed service on either the RASL or the ADL (or a combination of both lists) during the 1-year period ending on the convening date of the promotion board, and must meet the time in grade requirements.
3. The evidence shows the applicant maintained an active status with no break in service from 15 March 2004 to the present; therefore, he was eligible to be considered for promotion by the FY 2010 USAR CW3 promotion board. It would be appropriate to have his records considered by a promotion advisory board.
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 promotion advisory board for promotion consideration for CW3 under the 2010 year criteria.
2. If the applicant is selected, his records should be further corrected by showing he was promoted to CW3 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.
3. Notify 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) AR20100021116
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