BOARD DATE:	    20 May 2014

		DOCKET NUMBER:  AR20140000436 


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 reconsideration of his date of rank and effective date as a Chief Warrant Officer Five (CW5). 

2.  The applicant states:

My date of rank was corrected by the Army Review Boards Agency on 27 February 2013 based on the fact I should have been promoted on the date the promotion list was released on August 14, 2012 to Chief Warrant Officer Five (CW5).  Human Resources Command printed the amended order on 27 March 2013 (Orders B-08-205294AO1).  On October 30, 2013 I was on a TELECON with the Command Chief Warrant Officer of the United States Army Reserve and she mentioned the 12 CW5s were eligible for promotion effective 19 Sep 13, but the board results came out on 1 Oct 13.  I asked how could that be possible and she said the effective date of promotion was the date the board memorandum was signed.  I thought my date should have been August 14, 2012, but later found out it could have been earlier, for example, July 31, 2012.  I am not sure about what date of rank I should have, but I am sure it is earlier than August 14, 2012.  Finally, I could not find a copy of the FY 13 prepo [sic] list, but I was told it was not the same date (19 Sep 13) as effective date for officers promoted this year.  I just think my date of rank should be the correct DOR and not what I thought the truth was earlier which was August 14, 2012.

3.  The applicant provides:

* Amended promotion orders changing his date of rank and effective date to 14 August 2012
* 8 October 2013 email from CW5 P------ J W----- at the Office of the Chief of Army Reserve (OCAR) 
* U.S. Army Human Resources Command (HRC) Memorandum, dated 
31 July 2012, on Reserve Component CW5 competitive categories with five enclosures 
* Memorandum from Office of the Deputy Chief of Staff G1, instructions for the FY 13 WO-5 promotion board with enclosures
* 15 December 2013 email to applicant from CW4 D------ L. P---, U.S. Army Reserve Command (USARC), Headquarters 
* 31 October 2013 email from applicant to Captain T------ L---
* December 2013 email exchange started by the applicant noting that his promotion board was signed on 31 July 2012
* Army Board for Correction of Military Records (ABCMR) Record of Proceeding dated 26 February 2013, with Deputy Assistant Secretary of the Army approval and implementing orders, plus the applicant's application and submissions

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20120019757, on 26 February 2013.

2.  The original Board noted that:

	a.  His officer evaluation reports (OERs) show he was assigned to Unit Identification Code (UIC) W0H0AA on or about 17 August 2011 as the Deputy Commandant USAR in an 011A (Branch Immaterial) position.

	b.  The Table of Distribution and Allowances (TDA) for UIC W0H0AA, dated 
6 October 2011, shows:

* the 011A company commander position (paragraph 006, line number 01) was listed as a CW4 position
* the 011A Tactical Officer position (paragraph 006L, line number 02) was listed as a CW4 position
* the 011A Deputy Commandant USAR position (paragraph 001, line number 04) was a CW5 position 
	c.  Military Personnel (MILPER) Message Number 12-236 (Release of the Fiscal Year (FY) 2012, Reserve Component (RC) CW5 Competitive Categories Promotion Selection Boards), issued on 31 July 2012, stated the official release date for the promotion board results was 14 August 2012.

	d.  He provided Orders R-08-288314, dated 23 August 2012, that show he was released from assignment to the U.S. Army WOCC position (UIC: W0H0AA, 
paragraph 006L, line number 02) and further assigned as the Deputy Commandant USAR position (paragraph 001, line number 04) effective
23 August 2012.

	e.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) states, "The promotion effective date and DOR of unit officers to fill USAR position vacancies will be no earlier than the approval date of the board, the date of Senate confirmation (if required), or the date the officer is assigned to the position, whichever is later..."

3.  The Board also noted:

	a.  The applicant contended his DOR should be 14 August 2012, the day the board results were released.

	b.  Although he was not officially assigned to a CW5 position until 23 August 2012, his OER for the period ending 16 August 2012 lists his duty title as Deputy Commandant USAR, a CW5 position.  Therefore, it is reasonable to presume he occupied the CW5 position on the requested date of 14 August 2012.  

	c.  As a result, as a matter of equity only, his assignment orders should be corrected to show he was assigned as Deputy Commandant USAR on 17 August 2011 but the promotion orders should be corrected to show his effective date and DOR as 14 August 2012. 

4.  During the processing of this case an advisory opinion was obtained from HRC.  The Chief, Officer Promotions Management recommended denial of the applicant's request and noted that greater relief should be granted only if the applicant can show he was in a branch specific CW5 position when the promotion board was approved on 23 July 2012.

5.  The applicant was provided a copy of the advisory opinion.  He maintained:

* that there was no requirement for a branch specific assignment
* when he was selected his command did not know how to handle his promotion 
* his promotion should have been handled in the same manner as those who were selected by the FY 2013 promotion board
* he provided a copy of HRC Memorandum, dated 24 September 2013, on Reserve Component CW5 competitive categories with five enclosures 

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the advisory opinion provided by HRC, branch specificity is not the issue.

2.  Available orders show the applicant was assigned to a CW5 position on 23 August 2012.

3.  However, his 14 August 2012 effective date and date of rank were decided upon as a matter of equity based on the date the board results were released and the fact that an earlier OER showed he had served in a CW5 position. 

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 to amend the decision of the ABCMR set forth in Docket Number AR20120019757, dated 26 February 2013.



      _______ _  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)                                         AR20140000436





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140000436



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1