Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140008282
Original file (20140008282.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  8 January 2015

		DOCKET NUMBER:  AR20140008282 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his grade as chief warrant officer three (CW3) instead of CW2.

2.  The applicant states he was a CW3 in 1979, as shown on his DA Form 67-7 (U.S. Army Officer Evaluation Report) for the period 24 August 1978 to 18 July 1979.  He was a CW3 when he served in the Pennsylvania Army National Guard (PAARNG).  He wants his service record to be accurate and be recognized as a CW3.

3.  The applicant provides a DA Form 67-7 for the period 24 August 1978 to 
18 July 1979.

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.  He previously served 11 months and 8 days in an enlisted status in the Regular Army.  On 2 June 1969, he was appointed a Reserve warrant officer one (WO1) and entered active duty.

3.  On 2 June 1970, he was promoted to CW2 with a date of rank (DOR) of 
2 June 1970.

4.  On 1 April 1971, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  His DD Form 214 with an effective date of 1 April 1971 shows his grade as CW2 with a DOR of 2 June 1970.

5.  No DD Forms 214 issued after 1 April 1971 were found in his Military Personnel Records Jacket (MPRJ).

6.  On 5 May 1978, he was appointed a CW2 in the PAARNG.  On 21 September 1978, he was promoted to CW3 with a DOR of 21 September 1978.

7.  On 18 July 1979, he was discharged from the PAARNG and transferred to the USAR Control Group (Reinforcement).  His National Guard Bureau (NGB) 
Form 22 (Report of Separation and Record of Service) shows his grade as CW3 with a DOR of 21 September 1978.

8.  Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO Orders Number D-06-903601, dated 
29 June 1982, discharged him from the USAR.  The orders identify him as a CW3.

9.  He provided a DA Form 67-7 for the period from 24 August 1978 to 18 July 1979.  This form shows his grade as CW3 with a DOR of 21 September 1978.

10.  Army Regulation 635-5 at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states the DD Form 214 is a 

synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  His DD Form 214 with an effective date of 1 April 1971 is the latest 
DD Form 214 found in his MPRJ.  He did not provide a DD Form 214 with his application.  Therefore, it is determined his DD Form 214 with an effective date of 
1 April 1971 is the document on which he is requesting his grade be changed.

2.  He was promoted to CW3 on 21 September 1978, over 7 years after he was released from active duty.  On the date of his release from active duty his grade was CW2.  

3.  His NGB Form 22 with an effective date of 18 July 1979, DA Form 67-7, and his orders for discharge, dated 29 June 1982, identify him as a CW3.  Documents completed subsequent to his promotion to CW3 identify him as a CW3.  However, the grade shown on his DD Form 214 with an effective date of  1 April 1971 is correct.

4.  In view of the above, there is no basis on which to change the grade on his 
DD Form 214 with an effective date of 1 April 1971.

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)                                         AR20140008282



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140008282



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2012 | 20120022354

    Original file (20120022354.txt) Auto-classification: Denied

    Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), paragraph 2-5d, specifies "Warrant officers serving in a grade below chief warrant officer four (CW4), in an active Reserve status, may be selected for promotion provided they meet the minimum promotion time in grade (TIG) and military education requirements in Table 2-3 (Warrant Officer TIG and Military Education Requirements) not later than the date the selection board convenes." ...

  • ARMY | BCMR | CY2008 | 20080019246

    Original file (20080019246.txt) Auto-classification: Approved

    The applicant requests adjustment of his promotion effective date and date of rank (DOR) to chief warrant officer three (CW3) from 5 December 2007 to 16 March 2007. He met the time in grade requirements of Table 7-1 of National Guard Regulation (NGR) 600-101 (Warrant Officer - Federal Recognition and Related Personnel Actions) and NGB Personnel Policy and Readiness Policy Letter 07-25, dated 29 August 2007, which state that the minimum time in grade requirements for promotion to CW3 is five...

  • ARMY | BCMR | CY2007 | 20070002575

    Original file (20070002575.txt) Auto-classification: Denied

    The applicant requests, in effect, that his discharge document be corrected to show his rank as chief warrant officer three (CW3)/pay grade W-3. The applicant's military service records contain a copy of a DD Form 214, with an effective date of 29 Jun 1971, which shows that he entered active service on 18 May 1970 and served as a USAR warrant officer in MOS 100B. Therefore, the evidence of record also shows that the applicant’s military service records correctly document his grade at the...

  • ARMY | BCMR | CY2013 | 20130000691

    Original file (20130000691.txt) Auto-classification: Approved

    He adds that based on the policy memorandum for determining the grade of officers when retiring for physical disability, the promotion packet should have been submitted to the National Guard Bureau (NGB) and he should have been promoted to CW3. The evidence of record shows the applicant was recommended for promotion to CW3 on 1 November 2010 and the earliest date he was eligible for promotion was 13 November 2010. The applicant was not promoted to CW3 by the PAARNG or granted Federal...

  • ARMY | BCMR | CY2008 | 20080007768

    Original file (20080007768.txt) Auto-classification: Denied

    He states he declined his active duty promotion to CW3 based on the 2 year active duty service obligation (ADSO) in order to accept his current position in the Army National Guard (ARNG). This NGB official stated that the applicant was on an active duty promotion list for CW3; however, he declined promotion because he would not accept the ADSO, and at that time accepted a CW2 appointment in the PAARNG. He further states that promotion in the ARNG is a function of the State Adjutant...

  • ARMY | BCMR | CY2014 | 20140015621

    Original file (20140015621.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 31 March 1976 to show he was retired in the rank/grade of Chief Warrant Officer Three (CW3)/W-3. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The DD Form 214 provides a record of a Soldier's active Army service at the time of release from active duty and does not reflect other...

  • ARMY | BCMR | CY2013 | 20130020423

    Original file (20130020423.txt) Auto-classification: Denied

    The applicant states: a. By Army Regulation 135-155, he was not required to attend WOAC for promotion to CW3. By regulation, as an aviation WO in the ARNG, completion of WOAC was required before he could be promoted to CW3 in the AZARNG.

  • ARMY | BCMR | CY2011 | 20110019552

    Original file (20110019552.txt) Auto-classification: Denied

    The applicant requests an adjustment of his date of rank (DOR) for chief warrant officer three (CW3) from 12 April 2010 to 17 September 2003. Federal Recognition orders, dated 15 April 2010, show he was promoted to CW3 effective 12 April 2010. c. National Guard Regulation (NGR) 600-101 (Warrant Officer - Federal Recognition and Related Personnel Actions), paragraph 7-7a(1), states "to be eligible for promotion, an ARNG warrant officer should be in an active status and DMOS (Duty Military...

  • ARMY | BCMR | CY2011 | 20110020900

    Original file (20110020900.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 12 January 2012 DOCKET NUMBER: AR20110020900 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states, in effect, that he was promoted to the rank of CW4 on 21 April 2011 in orders published by the Pennsylvania Army National Guard (PAARNG), which was his promotion eligibility date; however, due to unannounced changes that needed to be corrected in the warrant officer promotion protocol dated 7 January 2011, which caused the backlog in warrant officer...

  • ARMY | BCMR | CY2013 | 20130001478

    Original file (20130001478.txt) Auto-classification: Approved

    Having prior enlisted service, he was appointed as a warrant officer one in the U.S. Army Reserve (USAR) on 25 June 1987. If a former officer is selected by a special board, it is at the discretion of the Secretary of the Army via the ABCMR to determine if the discharge/retirement order should be revoked, the officer returned to an active status and promoted provided he/she meets all other promotion requirements. As a result, the Board recommends that all Department of the Army records of...