IN THE CASE OF:	 

		BOARD DATE:	  1 November 2012

		DOCKET NUMBER:  AR20120000479 


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 adjustment of his date of rank (DOR) to chief warrant officer three (CW3) in the Texas Army National Guard (TXARNG) to account for his prior service as a CW3.

2.  The applicant states:

* He previously served in the ARNG and was promoted to CW3 on 19 November 1995
* He was discharged from the U.S. Army Reserve (USAR) as a CW3 on 30 October 2001 as a two-time non-select for promotion
*  He reentered the ARNG on 11 August 2010 but his current time in grade (TIG) does not reflect his prior service as a CW3

3.  The applicant provides:

* October 2001 USAR Honorable Discharge Certificate
* 1994 Selection for Promotion memorandum
* 1995 Eligibility for Promotion Memorandum and Endorsement
* 2001 Non-Selection Notification of Promotion 
* 2010 DA Form 71 (Oath of Office – Military Personnel)
* National Guard Bureau (NGB) Special Orders Number 189 AR
* Orders 224-1126, issued by the TXARNG, dated 12 August 2010

CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service in the Regular Army (24 November 1981 to 18 November 1987), the applicant was appointed as a Reserve warrant officer of the Army and he executed an oath of office on 19 November 1987 with concurrent call to active duty.

2.  He served in various positions and attained the rank of chief warrant officer two (CW2).  He was honorably discharged in the rank of CW2 on 29 July 1993.  He was transferred to the USAR.

3.  He served in various positions in the USAR and he was promoted to CW3 on 19 November 1995.  He continued to serve in a troop program unit of the USAR.

4.  On 20 August 2000 and 21 August 2001, by memoranda, he was notified of his non-selection for promotion to chief warrant officer four (CW4).  Accordingly, on 20 October 2001, he was honorably discharged from the USAR by reason of being twice non-selected for promotion.

5.  After a break in service, on 27 August 2007, he enlisted in the TXARNG.  He subsequently completed the 15U (CH-47D) military occupational specialty (MOS) transition course.

6.  He entered active duty on 5 June 2008 and he completed the 15M (UH-1 Helicopter Repairer) MOS transition course.  He was honorably released from active duty on 8 June 2009.  He was also honorably discharged from the ARNG on 10 August 2010 to accept appointment as a warrant officer of the Army.

7.  He was appointed in the TXARNG as a CW3 and he executed an oath of office on 11 August 2010.  The NGB extended him Federal recognition for this appointment with an effective date and DOR of 11 August 2010.  He is currently serving in the TXARNG with 1st Battalion, 171st Aviation, San Antonio.

8.  During the processing of this case, on 9 October 2012 an advisory opinion was obtained from the Chief, Personnel Policy Branch, NGB.  The advisory official recommended adjustment of the applicant's DOR from 11 August 2010 to 31 August 2004.  The official stated the TXARNG Officer Management Branch identified an error in calculating the applicant's DOR based on completing
5 years, 11 months, and 11 days of creditable service in the ARNG prior to entering the TXARNG on 11 August 2010.  The State concurs with this recommendation.

9.  Army Regulation 135-100 (Appointment of Commissioned and Warrant Officers of the Army) prescribes policy and procedures for the appointment of commissioned and warrant officers in the ARNG and USAR.  Paragraph 1-9b states, effective 1 October 1992, all applicants for warrant officer appointment will be appointed to WO/W–1, on successful completion of WOCS (Warrant Officer Candidate School) or WOCS–RC (Reserve Component), in MOS code 001A and per the procedures in paragraph 2–7.1, except:

	a.  A chief warrant officer (CWO) or a former CWO may be appointed in the highest WO grade satisfactorily held.

	b.  For National Guard applicants, the provisions of National Guard Regulation 600-101 (Warrant Officers - Federal Recognition and Related Personnel Actions) will govern grade determination and date of appointment.

10.  National Guard Regulation 600-101 prescribes policies and procedures for ARNG warrant officer personnel management.

	a.  Paragraph 2-10 states former warrant officers may be appointed in the previous highest warrant officer grade satisfactorily held, if fully qualified in the MOS sought, or determined to be qualified by the applicable MOS proponent to enter training for a new MOS. 

	b.  Paragraph 7-4 (Computation of promotion service to determine Promotion Eligibility Date (PED)) states an ARNG warrant officer's years of promotion service are computed by adding all service performed in the current permanent warrant officer grade.  A warrant officer released from active duty after
30 September 1986 will be credited with service performed in the equivalent temporary warrant officer grade held at the time of the warrant officer's most recent appointment in the Reserve of the Army.

	c.  Paragraph 7-8 (Minimum years of promotion service) states a warrant officer must complete the minimum years of promotion service as shown in Table 7-1, to attain eligibility for promotion and receive Federal recognition in the higher grade.

11.  A warrant officer must complete the minimum years of promotion service as shown in Table 7-1 and the education requirements of Table 7-2 of National Guard Regulation 600-101 to attain eligibility for promotion and receive Federal recognition in the higher grade.  Table 7-1 states that the minimum time in grade for promotion to CW4 is 6 years in the lower grade.  Table 7-2 states the educational requirement is the completion of a Warrant Officer Advanced Course (WOAC).
12.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers (WO) other than General Officers) prescribes policy and procedures used for selecting and promoting commissioned officers (other than commissioned WOs) of the ARNG and of commissioned and WOs of the USAR.

	a.  Paragraph 2-5 provides eligibility criteria for promotion consideration.  It states to be eligible for promotion consideration to the next higher grade, an ARNG or USAR officer must have continuously performed service on either the Reserve Active Status List (RASL) or Active Duty List (ADL), or a combination of both lists, during the 1-year period ending on the convening date of the promotion board.

	b.  Chapter 3, Section III (Promotion Reconsideration Boards) provides guidance on reconsideration for promotion by either a promotion advisory board or a special selection board (SSB) for officers and WOs who have either failed selection for promotion, or who were erroneously not considered for promotion through administrative error.  These boards are convened to correct/prevent an injustice to an officer or former officer who was eligible for promotion but whose record, through error were not submitted to a mandatory promotion selection board for consideration, or whose records contained a material error when reviewed by the mandatory selection board.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant previously served as a Reserve CW3 from 19 November 1995 (the date he was promoted) to 30 October 2001 (the date he was discharged from the USAR), a period of 5 years, 11 months, and 11 days.

2.  Upon his reappointment in the ARNG on 11 August 2010, his prior service in the rank of CW3 was not credited.  As such, his record should be corrected to show his PED for the purpose of consideration for promotion to CW4 as
31 August 2004 instead of 11 August 2010.

3.  Additionally, since promotion consideration to CW4 requires a minimum of
6 years time in grade and with his PED adjusted to 31 August 2004, he should have been considered for promotion to CW4 as early as 31 August 2011 (1 year after having been on the RASL).  Therefore, he should be entitled to consideration for promotion to CW4 by a promotion advisory board under the appropriate year criteria subsequent to 31 August 2011.


BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all State Army National Guard and Department of the Army records of the individual concerned be corrected by:

	a.  adjusting his Promotion Eligibility Date to 31 August 2004, and

	b.  submitting his record to a duly-constituted promotion advisory board for promotion reconsideration to CW4 based on the appropriate year criteria (2011, if applicable, and 2012).

2.  If he is selected for promotion, correct his records show he met all the eligibility criteria for promotion (e.g., being assigned to a CW4 position or being in an active status) effective the date of release of the applicable promotion selection board, promoting him to CW4 with the appropriate date of rank, and paying him any associated back pay and allowances as a result of the corrections.

3.  If he is not selected for promotion, he be so advised.



      ___________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)                                         AR20120000479



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ABCMR Record of Proceedings (cont)                                         AR20120000479



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