BOARD DATE: 29 July 2014
DOCKET NUMBER: AR20130019916
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, correction of his record to show that he was appointed to warrant officer one (WO1) in 1976 and was subsequently promoted through the ranks to chief warrant officer four by the time he retired.
2. The applicant states, in effect:
* he is asking for the rank of WO1 to be awarded effective 1976
* he should have been promoted to WO1, and one year later promoted to warrant officer two, and progressing to warrant officer four by the time of his retirement
* due to racial discrimination, two captains kept him from becoming a warrant officer
* he passed the Warrant Officer School and he was not allowed to obtain the rank because of overt racial discrimination
3. The applicant provides no additional documentary 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. On 19 July 1967, the applicant enlisted in the Regular Army (RA) for a period of 3 years. He served as a helicopter repairman in Vietnam and he was released from active duty on 17 July 1970. He enlisted in the RA again on 6 June 1973 and remained on active duty through continuous reenlistments.
3. Item 4 (Assignment Considerations) of his DA Form 2-1 (Personnel Qualification Record Part II) states he was officially relieved from the Warrant Officer Candidate Course on 16 February 1984.
4. He was promoted to sergeant first class (SFC) on 1 June 1989.
5. On 24 August 1990, he submitted an application for voluntary retirement. On 11 September 1990, his application for voluntary retirement was approved. His retirement was approved effective 31 July 1991 and his retired grade was SFC.
6. On 31 July 1991, he retired in the rank of SFC.
7. There is no evidence he completed the Warrant Officer Candidate School (WOCS) prior to his retirement.
8. Army Regulation 135-100 (Appointment of Commissioned and Warrant Officers of the Army), in effect at the time, stated all applicants for warrant officer appointment will be appointed to warrant officer, WO1, on successful completion of WOCS or WOCS RC (Reserve Component).
DISCUSSION AND CONCLUSIONS:
1. The evidence of record does not support the applicant's contention he passed the Warrant Officer School. The evidence shows he was relieved from the Warrant Officer Candidate Course on 16 February 1984.
2. He contends he was not allowed to obtain the rank of WO1 due to racial discrimination. However, there is no evidence and he provides no evidence which shows he was the victim of racial discrimination.
3. Since there is no evidence and he provided no evidence which shows he completed WOCS, there is insufficient evidence on which to base granting 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) AR20130019916
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ABCMR Record of Proceedings (cont) AR20130019916
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