IN THE CASE OF:	  

		BOARD DATE:	  16 August 2012

		DOCKET NUMBER:  AR20110022141 


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 his records to show he was appointed in the rank of Chief Warrant Officer Three (CW3) instead of Chief Warrant Officer Two (CW2).

2.  He states:

	a.  During his application process for warrant officer (WO), he was originally scrolled and accepted by the Department of the Army as a CW3 as well as being recommended for that grade by the Aviation Proponency at Fort Rucker, AL.  

	b.  The U.S. Army Reserve (USAR) only allowed him to come in as a CW2 without consideration of an increased date of rank (DOR) for promotion to CW3.

	c.  Another individual who was on the same board with him received 6 years service credit towards his DOR which makes that individual eligible for CW3 consideration on the next board.

	d.  He believes his 13 years of active duty, 28 years of overall service to the USAR, numerous flight hours, instructor pilot qualification, and deployment experience should more than qualify him for a grade higher than CW2.  Today, a brand new WO coming fresh out of flight school has more DOR than what he received.  

3.  He provides a memorandum and appointment orders.

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, he was serving as a CW2 in the USAR.   

2.  The applicant's service record shows he was born on 7 May 1963.  He completed prior enlisted service in the USAR from 20 December 1982 to 6 May 1986 and from 7 May 1986 to 16 May 1987.  He was appointed as a Reserve commissioned officer on 17 May 1987 and advanced through the commissioned officer ranks to the rank/pay grade of major/O-4.  

3.  On 20 January 2005, the U.S. Army Human Resources Command, St. Louis (HRC-STL), MO, issued the applicant a Notification of Eligibility for Retired Pay at Age 60 (20-year letter).  His mandatory release date, based upon 24 years as a commissioned officer was 16 May 2011.  

4.  He completed and authenticated a DA Form 61 (Application for Appointment) on 9 November 2010.  Item 3 (Grade for Which Applying) shows he requested a USAR appointment in the grade of CW2.  

5.  In a memorandum, dated 22 December 2010, the Director, Aviation Personnel Proponency, Headquarters, U.S. Army Aviation Center of Excellence, Fort Rucker, AL, indicated:

	a.  The applicant was eligible to be boarded for military occupational specialty (MOS) 155E (C-12 Pilot).

	b.  He recommend approval of age waiver by the Chief, Army Reserve for appointment as a WO beyond forty-six (46).

	c.  Predicated on approval of the age waiver, he recommended approval of appointment in the grade of CW3 as requested.

6.  The applicant executed his oath of office on 21 July 2011 accepting the appointment to CW2 as a Reserve commissioned officer.  

7.  Orders published on 15 August 2011 indicate he was appointed as a CW2 in the USAR, effective 21 July 2011.  



8.  In the processing of this case, a staff advisory opinion was obtained from the Chief, Reserve Appointments and Accessions Branch, U.S. Army Human Resources Command, Fort Knox, KY.  The opinion indicated:

	a.  An application for re-appointment, DA Form 61, was submitted by the Army Reserve Career Division on behalf of the applicant, dated 9 November 2010.  The application clearly noted in block 3, "CW2" as the grade to which he was applying.

	b.  During the processing of his packet, the applicant was incorrectly scrolled as CW3.  Once this error was identified, he was correctly scroll approved at CW2 in accordance with Army Regulation 135-100 (Army National Guard and Army Reserve Appointment of Commissioned and WOs of the Army).

	c.  The applicant was appointed at the rank of CW2.  

   d.  T`1he constructive credit for education he is now seeking could not be considered by this office for a re-appointment action.
   
9.  The applicant was provided with a copy of this advisory opinion, but he did not respond.

10.  A review of the applicant's military personnel record within the Integrated Web Services, Transaction History, included the following entries:

	a.  "Scroll confirmation, CW3, 20110523," dated 3 June 2011;

   b.  "SM (service member) was scrolled for CW3.  This rank was incorrect and SM is being scrolled for CW2 in June 2011.  Cannot finish the orders until the scroll comes back approved," dated 27 October 2010; 

	c.  "SM was scroll confirmed for CW2 on 21 July 11.  I notified the SM that he was scroll confirmed and that I needed his new DA 71, (DA Form 71 (Oath of Office)) with the correct rank to cut his orders," dated 8 August 2011;

	d.  "SM emailed and I explained to him that his date of rank cannot be before he was scrolled to CW2," dated 10 August 2011; and 

	e.  "Corrected the rank on the last set of orders and sent out the correct copy with the correct rank.  No further action required," dated 15 August 2011.  



11.  Army Regulation 135-100 establishes responsibility and provides procedures for the appointment of commissioned and WO's in the Reserve Component of the Army.  Paragraph 1-9b states effective 1 October 1992 all applicants for warrant WO appointment will be appointed to WO, W-1, on successful completion of Warrant Officer Candidate School (WOCS) or WOCS-Reserve Component in MOS code 001A and per the procedures in paragraph 2-7.1 below, except a CWO or a former CWO may be appointed in the highest WO grade satisfactorily held.  Applications from commissioned and former commissioned officers for appointment as a WO will be reviewed by the appropriate WO MOS proponent for certification for the award of the MOS prior to final action by Human Resources Command.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should have been appointed as a CW3 instead of CW2.  However, the evidence of record does not indicate an error or injustice exists in this case.

2.  The applicant completed a DA Form 61 on 9 November 2010 which confirms he applied for a Reserve appointment in the grade of CW2.  

3.  The evidence of record indicates he was erroneously scrolled in the grade of CW3.  However, this error was corrected and he was appointed as a WO from commissioned officer status in the grade of CW2 on 21 July 2011.  

4.  He contends he was recommended for appointment as a CW3 and another individual who was on the same board with him received 6 years service credit towards his DOR.  However, the Board reviews each case individually and it is presented before the Board based on its own merit and evidence presented.  The other individual may have had more experience and/or education in a desired skill set than the applicant possesses.  

5.  His statements regarding his length of service, duty performance, and accomplishments are acknowledged.  However, these facts are not sufficient to warrant the relief requested.

6.  In view of the foregoing, there is no basis for granting the applicant relief in this case.



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 that 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)                                         AR20110022141





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ABCMR Record of Proceedings (cont)                                         AR20110022141



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