BOARD DATE: 11 August 2011
DOCKET NUMBER: AR20110002621
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 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).
2. 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.
3. The applicant provides MW4 lateral appointment orders in support of his application.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The military records provided to this Board covered only his enlisted service. No records for his warrant officer service were provided and his Official Military Personnel File for his warrant officer service is not posted to either the Integrated Electronic Personnel Management System or the Human Resources Command Integrated Web Services. This case is being considered using the applicants
30 April 1994 DD Form 214 and the documents he provides.
3. The applicant provides Headquarters, United States Army Aviation Center and Fort Rucker, Fort Rucker, Alabama Orders 224-201, dated 22 November 1988, which laterally designated the applicant an MW4 and terminated his rank of CW4.
4. The applicants DD Form 214 shows he was honorably retired on 30 April 1994 at Fort Carson, Colorado. It further shows he completed 22 years,
2 months, and 6 days of active military service and that he held the rank and pay grade of CW4/WO4 at the time.
5. In 1991, as a result of the Total Army Warrant Officer Study, the rank of MW4 was authorized. In February 1992, the Warrant Officer Management Act (WOMA), which included establishing the rank and pay grade of CW5/WO5, went into effect. In March 1992, the Army Deputy Chief of Staff for Personnel recommended that the master warrant officer rank insignia be approved for wear by both the MW4 and CW5. This was in light of the fact that MW4 selection boards would be replaced by CW5 selection boards in accordance with the WOMA. On 28 March 1992, the Chief of Staff, Army approved the recommendation. On 1 October 1992, the first CW5/WO5 promotions were made.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his rank title on the DD Form 214 should be changed from CW4 to MW4 has been carefully considered and found to have merit.
2. The applicant provides orders confirming he was laterally designated a MW4 in 1988. Army policy changed and effective with the implementation of the WOMA the master warrant officer rank designation was changed to CW5.
3. The WOMA established a promotion board selection process for CW5 and did not provide for automatic promotion to those already designated MW4. However, it also did not require elimination of the MW4 rank for those who were laterally designated in that rank. As a result, it would be appropriate to correct item 4a of the applicants 30 April 1994 DD Form 214 to show his rank as MW4. This requires no change to the pay grade WO4 listed in item 4b of the DD Form 214.
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 amending item 4a of his 30 April 1994 DD Form 214 by deleting the current entry and adding MW4.
_______ _ 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) AR20110002621
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ABCMR Record of Proceedings (cont) AR20110002621
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