BOARD DATE: 7 February 2012
DOCKET NUMBER: AR20110012036
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 consideration to chief warrant officer three (CW3) by a special selection board (SSB) under the 2010 year criteria.
2. He states his promotion eligibility date for CW3 was 2 May 2011 and he should have been considered by the 2010 promotion board. He has met all professional and civilian educational requirements, completed the time-in-grade (TIG) requirement, and now holds a chief warrant officer four position billet.
3. He provides no additional evidence in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's military record shows he was appointed in the Alabama Army National Guard (ALARNG) as a warrant officer one on 14 November 2002. He was promoted to chief warrant officer two (CW2) on 2 May 2005. He completed the warrant officer advanced course on 18 July 2008.
2. He was discharged from the ALARNG in the rank of CW2 and transferred to the U.S. Army Reserve (USAR) on 30 September 2008. He was assigned to a Reserve unit on 23 October 2008 to a CW3 position.
3. A staff member of the U.S. Army Human Resources Command (HRC) Office of Promotions confirmed the applicant was considered for promotion to CW3 as a protected file on the 2010 Reserve Components Selection Board (RCSB). Officers recommended as protected records are not published on the "considered" and "recommended" published list. He was selected by the 2010 board and he was promoted upon reaching his 6-year maximum TIG. His CW2 date of rank of 2 May 2005 established his promotion eligibility date for CW3 as 2 May 2011.
4. HRC Orders B-06-104744, dated 30 June 2011, promoted him to CW3 with a date of rank and effective date of 2 May 2011.
5. 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 warrant officers. Paragraph 2-10 specifies that general mandatory selection boards will convene each year and consider USAR warrant officers to grades CW3 and CW4 in an active status, not on the Active Duty List. First consideration will occur well in advance of the date the officer will complete the TIG requirements. Table 2-3 states promotion to CW3 requires completion of 6 years of TIG. Warrant officers must meet the mandatory service requirements (table 2-3) and promotion eligibility requirements (chapter 2) for promotion to the next higher grade.
6. Army Regulation 135-155 also states that promotion consideration or reconsideration by a SSB may only be based on erroneous non-consideration from in or above the promotion zone by a regularly-scheduled mandatory board because of administrative error or material error in the record.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was promoted to CW2 on 2 May 2005. Based on the requirement for completion of 6 years of TIG for promotion to CW3, he was eligible for promotion on 2 May 2011.
2. He was considered and recommended for promotion to CW3 by the 2010 RCSB. Orders were published promoting him to CW3 with a date of rank and effective date of 2 May 2011. In accordance with regulatory guidance, this is the earliest possible promotion date for which he was eligible.
3. Promotion consideration/reconsideration by an SSB may only be based on erroneous non-consideration or material error in the record.
4. In view of the foregoing, there is no basis for granting his 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) AR20110012036
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