IN THE CASE OF:
BOARD DATE: 12 March 2014
DOCKET NUMBER: AR20130012026
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 the rank of chief warrant officer five (CW5).
2. The applicant states due to Base Realignment and Closure, Global War on Terrorism, Transformation, and other mandates, a promotion order was never generated. Due to no fault of his own, a position to fill was not available and an opportunity to attend the Warrant Officer Senior Staff Course (WOSSC) was denied. Even after applying for a vacant immaterial position and demonstrating other actions as appropriate, his promotion was never tendered.
3. The applicant provides:
* a letter
* a memorandum
* two pages of electronic mail
* Orders 12-046-00050
* two pages of Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers)
* screenshot of the Fiscal Year 2010 CW5 Chaplains Selection Board
CONSIDERATION OF EVIDENCE:
1. Having prior enlisted service, the applicant was appointed as a Reserve Warrant Officer of the Army on 15 June 1989 and he achieved the rank of chief warrant officer four on 15 June 2003.
2. The applicant successfully completed the Warrant Officer Staff Course (WOSC) on 13 March 2007.
3. Evidence shows the applicant was selected for promotion to CW5 by the Fiscal Year 2010 CW5 Reserve Component Selection Board.
4. On 28 February 2012, the applicant was reassigned to the Retired Reserve after completing 20 or more years of qualified service for retired pay at age 60.
5. The applicant provides a memorandum and email communication from June 2011 pertaining to his interest in applying for a vacant Command Chief Warrant Officer position with the 81st Regional Support Command.
6. During the processing of this case, an advisory opinion was obtained from the Chief, Personnel Management Division, U.S. Army Human Resources Command, dated 26 August 2013, who recommended disapproval of the applicant's request for promotion to CW5. The advisory opinion stated:
a. Army Regulation 135-155 establishes that the WOSSC is not required for selection to CW5; however, assignment to a CW5 position and graduation from the Warrant Officer Staff Course is required for promotion.
b. The applicant was assigned to the U.S. Army Reserve (USAR) Command Augmentation Unit on 11 January 2006, which had no CW5 authorizations.
c. Within the applicant's Integrated Web Services record on 21 December 2011, an entry indicates he obtained a quota for WOSSC which he requested, but later cancelled the reservation due to medical reasons.
d. The applicant was reassigned to the Retired Reserve Control Group, per 81st Regional Support Command Order 12-046-00050, dated 15 February 2012, with an effective date of 28 February 2012.
7. A copy of the advisory opinion was furnished to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. On 30 December 2013, he responded stating, in effect, that his assignment to a CW5 position was not within his control; therefore, it should not be the basis for him not being promoted in his case.
8. Army Regulation 135-155 provides policy for selecting and promoting commissioned officers of both the Army National Guard of the United States and the USAR, and warrant officers of the USAR. This regulation also covers promotion eligibility and qualification requirements, board schedules and procedures, and procedures on processing selection board recommendations. It further states assignment to a CW5 position is required for promotion to CW5.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for promotion to the rank of CW5 has been carefully examined and found to be without merit.
2. Notwithstanding the applicant's contentions, assignment to a CW5 position and graduation from the WOSC are required for promotion to CW5. Evidence shows that while he successfully completed the WOSC, the applicant was never assigned to a CW5 position prior to his reassignment to the Retired Reserve on 28 February 2012.
3. In light of the foregoing, he 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 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) AR20130012026
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ABCMR Record of Proceedings (cont) AR20130012026
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