BOARD DATE: 15 March 2012
DOCKET NUMBER: AR20110017560
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 her date of rank (DOR) to chief warrant officer two (CW2) to February 2007.
2. The applicant states she has attempted to have her DOR to CW2 adjusted to February 2007, the date she graduated from the warrant officer (WO) basic course (WOBC), on numerous occasions. She was a sergeant first class (SFC)/E-7 during her attendance at the WO Candidate Course (WOCC). All documentation needed to verify her status at that time is located in her records. She hasn't had a break in service since becoming a WO, so her DOR to CW2 should be February 2007. She would not be getting promoted right away, but having her DOR changed would assist her in getting promoted to chief warrant officer three (CW3) earlier by almost 2 years. She completed the WO advanced course in 2010 and will be eligible for CW3.
3. The applicant provides her DA Form 1059 (Service School Academic Evaluation Report) for WOBC.
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. Having prior active and Reserve enlisted service, the applicant's records show she entered active duty for training on 3 October 2006 as a U.S. Army Reserve (USAR) SFC to attend WOCC at Fort Rucker, AL.
3. She was honorably discharged from active duty on 6 November 2006 for the purpose of accepting a WO commission in the USAR.
4. She was appointed as a USAR Adjutant General Corps WO and executed an oath of office on 7 November 2006. Her DOR to WO1 was 7 November 2006.
5. She attended and successfully completed WOBC on 6 February 2007 and was awarded military occupational specialty 420A (Military Personnel Technician). She was assigned to the 55th Sustainment Brigade, Fort Belvoir, VA.
6. U.S. Army Human Resources Command Orders B-10-806495, dated 10 October 2008, promoted her to CW2 with a DOR and effective date of 7 November 2008.
7. Army Regulation 135-100 (Army National Guard and Army Reserve Appointment of Commissioned and Warrant Officers of the Army) prescribes the policies and procedures for the appointment of Reserve Component officers. Paragraph 2-7 states effective 1 October 1992 all WO candidates required to attend WO candidate school will be appointed to WO upon successful completion of the course.
8. Army Regulation 135-155 (Army National Guard and Army Reserve Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes the policies and procedures for the promotion of Reserve Component officers. Table 2-3 states a WO may be promoted to CW2 upon completion of a minimum of 2 years in the lower grade and will be considered for promotion to CW2 by a mandatory board upon completion of 2 years in the lower grade.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant was properly promoted to the rank of CW2 on 7 November 2008 after serving 2 years in the rank of WO in accordance with regulatory guidance. This was the earliest date she was eligible for promotion to CW2. Therefore, she is not entitled to the requested relief.
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) AR20110017560
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ABCMR Record of Proceedings (cont) AR20110017560
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