BOARD DATE: 8 May 2014
DOCKET NUMBER: AR20130015067
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, in effect, he be advanced on the Retired list to the rank/grade of chief warrant officer three (CW3)/W-3.
2. The applicant states that prior to his retirement and return from a special assignment to the United Arab Emirates (UAE), he was promoted to the rank of CW3. During out-processing he was informed that his rank would be corrected at a later date.
3. The applicant provides no additional evidence.
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was appointed as a chief warrant officer two (CW2) Reserve Warrant Officer on 20 April 1987.
3. His record does not contain any orders promoting him to CW3.
4. His record contains an undated request for voluntary retirement wherein he indicated he was assigned to Taft Abu Dhabi, UAE, Department of State, Washington, D.C. He indicated that he wished to be relieved from his active duty assignment on 1 February 1992 and placed on the retired list effective
1 February 1992 and indicated that upon his requested retirement date, he will have completed over 24 years of federal service. He further indicated that in accordance with Army Regulation 635-100 (Personnel Separations Officer Personnel), paragraph 4-31 he believed that he was entitled to retire in the rank of CW2.
5. His record contains a DA Form 3713 (Data for Retired Pay), dated
23 September 1992, which shows his active duty rank/grade, permanent rank/grade, highest rank/grade attained and retired pay rank/grade as CW2/W-2. It also shows he would be placed on the Retired List on 1 February 1993.
6. Orders Number S184-3, issued by the U.S. Total Army Personnel Command (Currently the U.S. Army Human Resources Command), on 23 September 1992 list his effective date of retirement as 31 January 1993 and his retired rank as CW2.
7. His record contains a DA Form 4240 (Data for Payment of Retired Army Personnel) dated 12 November 1992 which shows his rank as CW2.
8. He was honorably retired on 31 January 1993. His DD Form 214 (Certificate of Release or Discharge from Active Duty) lists his rank as CW2 and shows he completed over 24 years of net active service.
9. Title 10 U.S. Code, Section 3964 states that each retired member of the Army covered by subsection (b) who is retired with less than 30 years of active service is entitled, when his active service plus his service on the retired list totals 30 years, to be advanced on the retired list to the highest grade in which he served on active duty satisfactorily (or, in the case of a member of the National Guard, in which he served on full-time duty satisfactorily), as determined by the Secretary of the Army. Subsection (b) This section applies to - (1) warrant officers of the Army; (2) enlisted members of the Regular Army; and (3) reserve enlisted members of the Army who, at the time of retirement, are serving on active duty (or, in the case of members of the National Guard, on full-time National Guard duty).
DISCUSSION AND CONCLUSIONS:
1. The applicant did not provide and his record did not contain any evidence to show he was promoted to the rank/grade of CW3/W-3.
2. Based on the foregoing, there is insufficient evidence to grant 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.
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