IN THE CASE OF:
BOARD DATE: 31 March 2015
DOCKET NUMBER: AR20140012251
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 his grade be changed to chief warrant officer three (CW3) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 30 September 1991.
2. The applicant states his corrected retirement orders show his retired grade as CW3.
3. The applicant provides:
* U.S. Total Army Personnel Command Orders S130-14, dated 9 July 1991, corrected copy
* DD Form 214 with an effective date of 30 September 1991
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 completed 15 years, 2 months, and 28 days of active service in an enlisted status in the Regular Army.
3. On 20 September 1985, he was appointed as a Reserve warrant officer of the Army in the grade of CW2. He was ordered to active duty with an active duty commitment of 6 years.
4. On 11 March 1991, he requested release from active duty and assignment on 30 September 1991 and to be placed on the Retired List on 1 October 1991.
5. A corrected copy of U.S. Total Army Personnel Command Orders S130-14, dated 9 July 1991, identify him as a CW2. These orders show he was retired from active service, released from assignment and duty, and placed on the Retired List the following day. The effective date is 30 September 1991. The orders show his retired grade of rank as CW3.
6. A U.S. Total Army Personnel Command memorandum, dated 23 July 1991, shows he was promoted as a Reserve warrant officer of the Army to the grade of CW3 effective 20 September 1991.
7. On 30 September 1991, he was retired and transferred to the Retire Reserve. He completed 21 years, 3 months, and 9 days of active service. His DD Form 214 shows his grade as CW2.
8. Army Regulation 600-8-24 (Officer Transfers and Discharges),
paragraph 6-1e, then in effect, stated that generally, unless entitled to a higher retired grade under some other provision of law, a warrant officer retires as determined by the Secretary of the Army in the permanent Regular or Reserve warrant officer grade, if any, that he or she held on the day before his or her retirement or in the higher warrant officer grade, if any, in which he or she served on active duty satisfactorily, as determined by the Secretary of the Army, for a period of more than 30 days.
DISCUSSION AND CONCLUSIONS:
He did not serve on active duty in the grade of CW3 for a period of more than 30 days. His promotion to CW3 was effective 20 September 1991 and he retired on 30 September 1991. Therefore, his grade on his DD Form 214 with an effective date of 30 September 1991 is correct.
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) AR20140012251
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ABCMR Record of Proceedings (cont) AR20140012251
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