IN THE CASE OF:	  

		BOARD DATE:	  13 December 2011

		DOCKET NUMBER:  AR20110011098 


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 promotion to chief warrant officer three (CW3).

2.  The applicant states he graduated from the advanced course with honors and received a Meritorious Service Medal from his previous command.  One student, whom he indicated by name, was caught with a "cheat sheet" and did not graduate but received a certificate of completion and he was later promoted to CW3.  He states a Soldier who is caught stealing should not have been promoted and a Soldier who graduates with honor deserves a promotion.

3.  The applicant provides:

* certificate for award of the Meritorious Service Medal
* orders to attend the Materiel Management Warrant Officer Advanced Course
* class roster for Warrant Officer Advanced Course 4-9-C32-#7-85
* DA Form 1059 (Service School Academic Evaluation Report)
* his appointment to chief warrant officer two (CW2) in the Regular Army
* his Officer Record Brief
* his retirement orders
* email between him and a former warrant officer

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 applicant's 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 applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  He was appointed as a warrant officer one in the U.S. Army Reserve on 29 September 1978.  He had previously served 12 years, 1 month, and 13 days of active duty enlisted service.

3.  He was awarded a Meritorious Service Medal for exceptionally meritorious service during the period August 1979 to June 1985.

4.  He was ordered to report on 4 August 1985 to attend the Materiel Management Warrant Officer Advanced Course at Aberdeen Proving Grounds, MD.  The class roster lists both the applicant and the officer he mentioned as having been caught with a "cheat sheet."

5.  An undated and unsigned DA Form 1059 indicates he attended the advanced warrant officer course from 4 August to 30 October 1985.  According to item 16 (Comments) of the form, he "demonstrated his academic competence by completing the course with an average of 94.69 percent and earning the position of Honor Graduate."

6.  On 2 April 1987, he was appointed as a CW2 in the Regular Army.

7.  His available records do contain any letters notifying him of non-selection for promotion.

8.  On 31 December 1987, he was retired by reason of failure of selection for permanent promotion.  He completed 9 years, 3 months, and 12 days of active service during this period and a total of 21 years, 4 months, and 25 days of active service.  He completed 20 years of active service on 16 August 1986.

9.  Army Regulation 624-100 (Promotions of Officers on Active Duty), in effect at the time, prescribed the policies and procedures for promotion of commissioned and warrant officers on the Active Duty List.

	a.  Commissioned and warrant officers were recommended for promotion by their commanders and were selected by centralized (service wide) promotion selection boards that made promotion determinations based upon the officers' promotion records.

	b.  There were basically three promotion opportunities:  below the zone, in the zone, and above the zone.  Most promotions occur in the zone.  Those not selected in the zone have one more chance a year later – above the zone.

	c.  The two most significant factors in an officer's promotion records are inarguably their fitness report(s) and the level of responsibility in their current and past assignments.  An average fitness report can result in being "passed over."  Lack of current or previous assignments that showed significant degrees of responsibility can also result in not being selected.

	d.  Promotion board proceedings were not to be disclosed to anyone who was not a board member unless approved by proper authority.

10.  Paragraph 4-27b(2) of Army Regulation 635-100 (Personnel Separations - Officer Personnel), in effect at the time, stated a Regular warrant officer who had twice failed to be selected for promotion to the next higher permanent warrant officer grade would, if on the date of his second failure of selection for promotion he had completed more than 20 years of active service, be retired 60 days after the date of his second failure.

DISCUSSION AND CONCLUSIONS:

1.  He contends he should have been promoted to CW3 because he was an honor student in the advanced warrant officer course instead of a fellow student who was caught with a "cheat sheet."

2.  Whether an officer is selected promotion is a determination made by the promotion board.  Since promotion selection boards are not to divulge the reasons for selection or non-selection of any officer, specific reasons for those board's recommendations are not known.  A non-selected officer can only conclude that a promotion selection board determined that his overall record, when compared with the records of contemporaries in the zone of consideration, did not reflect as high a potential as those selected for promotion.

3.  Each promotion selection board considers all officers eligible for promotion, but it may only select a number within established selection constraints.  The Secretary of the Army, in his memorandum of instruction to the board, establishes limits on the number of officers to be selected.  The selection process is an extremely competitive process based on the "whole officer" concept.  It is an unavoidable fact that some officers considered for promotion will not be selected.  There are always more outstanding officers who are fully qualified to perform duty at the next higher grade, but who are not selected because of selection capability restrictions.

4.  It is unfortunate the applicant was not selected for promotion to CW3 while he was on active duty; however, it is a well known fact that not everyone who is eligible for promotion is selected because there are normally more persons eligible than there are promotion allocations.  Accordingly, promotion selection boards are tasked with choosing the best qualified Soldiers to meet the needs of the Army at the time.

5.  In view of the above, there is no basis to grant the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ____________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)                                         AR20110011098



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ABCMR Record of Proceedings (cont)                                         AR20110011098



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