IN THE CASE OF:
BOARD DATE: 25 September 2012
DOCKET NUMBER: AR20120004374
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 to chief warrant officer three (CW3).
2. The applicant states he had the time in grade (TIG) for promotion, outstanding fitness reports, and was eligible for promotion prior to his retirement, but the Alaska Army National Guard (ARNG) did not promote him.
3. The applicant provides copies of a 2011 U.S. Army Human Resources Command letter, his 22 March 2011 retirement orders, and a 12 March 1994 National Guard Bureau (NGB) Form 0122 (Announcement of Extension of Federal Recognition).
CONSIDERATION OF EVIDENCE:
1. The applicant is a retired chief warrant officer two (CW2) with prior enlisted service in the U.S. Marine Corps and ARNG and warrant officer service in the ARNG and the U.S. Army Reserve (USAR).
2. He was promoted to CW2 in the Alaska ARNG effective 4 December 1993 with his Federal Recognition being announced on 24 March 1994.
3. He received his Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter) on 2 September 1999.
4. The available records do not contain any indication that the applicant was serving in a CW3 position or considered by any promotion boards following his promotion to CW2.
5. His record contains Officer Evaluation Reports (OER) for five periods between 4 December 1993 and 31 August 1997. On four of the five OERs, his raters marked him as Always Exceeded Requirements. His last OER, ending 31 August 1997, was not finalized until 1 April 1999. It states he completed the Food Service Advanced Course during that period.
6. An ARPC Form 249-E (Chronological Statement of Retirement Points) shows the applicant has 20 years and 23 days of qualifying service and was transferred to the Retired Reserve as of 14 September 1999. There is no indication of any service after this date.
7. U.S. Army Human Resources Command Orders P03-942749, dated 22 March 2011, directed the applicant be retired, in the rank of CW2, and placed on the Retired List effective 28 May 2011, the date he attained age 60.
8. Other than his retirement points statement, the record does not contain any orders or other documents showing his status between 14 September 1999 and 22 March 2011.
9. Army Regulation 135-155 (Army National Guard and U.S. Army Reserve Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes policy and procedures used for selecting and promoting commissioned officers of the Army National Guard (ARNG) and of commissioned and warrant officers (WO) of the U.S. Army Reserve (USAR). It provides that in order to be promoted to CW3, the WO must meet all of the promotion eligibility requirements, be selected for promotion to the next higher grade, and be assigned to a position in the next higher grade. The minimum TIG for promotion consideration from CW2 to CW3 is 6 years.
DISCUSSION AND CONCLUSIONS:
1. The applicant was promoted to CW2 effective 4 December 1993 and appears to have met the physical and educational requirements for promotion. His OER's show that his superiors considered him a highly effective WO.
2. However, with a 6-year TIG requirement, the earliest the applicant could have been considered eligible for promotion was 3 December 1999. With his transfer to a retired status as of 14 September 1999, he was no longer promotion eligible.
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) AR20120004374
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