IN THE CASE OF:
BOARD DATE: 17 July 2012
DOCKET NUMBER: AR20110022612
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 his rank as Chief Warrant Officer Four (CW4)/W-4.
2. He states he should have been promoted to CW4 on 19 November 1991, but the paperwork had an incorrect year of 1992. He offers the time in grade for CW4 is normally 6 years, but since he was in a Maneuver Training Command (MTC), the time in grade was decreased to 5 years. He concludes that he was separated from the U.S. Army Reserve (USAR) on 31 March 1992.
3. He provides the following:
* DD Form 214 (Report of Separation from the Armed Forces of the United States)
* Self-authored statement
* Certificate, dated 5 April 1992
* Orders 180-6, dated 21 September 1987
* Orders 0-07-032225, dated 18 July 1989
* DA Form 2-1 (Personnel Qualification Record)
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 applicant's record shows his date of birth as 27 March 1932. After having had prior service, he was appointed as a CW2 in the Army National Guard (ARNG) on 13 November 1980. On 19 November 1986, he was promoted to CW3. He was transferred to the USAR on an unknown date.
3. A Memorandum for Record, subject: Selection for Promotion, dated 8 July 1991, informed the applicant that he was selected for promotion to the next higher grade. His promotion eligibility date (PED) was listed as 19 November 1992.
4. On 31 March 1992, he was transferred from the 80th MTC to the USAR Control Group (Retired). The reason cited was Army Regulation 140-10 (Army Reserve - Assignments, Attachments, Details, and Transfers), paragraph 6-2a, Maximum Age.
5. He provided a certificate that shows he was awarded the Meritorious Service Medal from 24 September 1987 to 31 March 1992. His rank on the certificate is listed as CW4.
6. The applicant's official military personnel file (OMPF) on the Human Resources Command Integrated Web Services shows his rank as CW3 with a date of rank of 19 November 1986.
7. Army Regulation 140-10 provides for Soldiers removed from active status and discharged or transferred to the Retired Reserve. It states that Soldiers not sooner removed for another reason will be removed when they reach maximum age. Removal date will be the last day of the month in which commissioned warrant officers reach the age of 60.
8. 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 and ARNG officers. This regulation states to be eligible for consideration for promotion to the next higher grade an ARNG or unit USAR officer must be in an active status and have 5 years minimum promotion service from CW3 to CW4 if filling a unit vacancy in the next higher grade. Otherwise, 6 years is the minimum promotion service required from CW3 to CW4.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence and the applicant did not provide any to show that he was recommended for a unit vacancy promotion. Therefore, the 5-year minimum promotion service from CW3 to CW4 did not apply.
2. Evidence of record shows the applicant was born on 27 March 1932 and turned 60 in March 1992. His PED was listed as 19 November 1992 at the time of his selection for promotion in July 1991. Based on his PED, he would have obtained the maximum age requirement 7 months prior to being promoted to CW4. Therefore, he was not eligible for promotion to CW4 based on exceeding the age requirement.
3. 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 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) AR20110022612
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ABCMR Record of Proceedings (cont) AR20110022612
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