PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            23 December 1998                  
	DOCKET NUMBER:   AC98-07812

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Lester Echols		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his date of rank to chief warrant officer three (CW3) be changed from 10 January 1996 to 1 November 1993 (sic).

3.  The applicant states he was not informed of his placement on a standing active duty promotion list before his release from active duty.  He also stated that selection rates for his specialty were dismal, that he did not expect to be selected for promotion, and he then requested separation from active duty.  He further states he was not selected for promotion consideration in the Reserves.

4.  The applicant’s military records show that he was appointed in the Reserve as a warrant officer one effective 14 November 1985 and entered on active duty the same day.  He was promoted to CW2 effective 14 November 1987.

5.  He was considered and selected for promotion to CW3 by the active duty list (ADL) promotion board under Army Regulation 600-8-29.  His name was placed on the promotion list for promotion to occur on or about 1 November 1993.

6.  He requested and was voluntarily released from active duty on 30 September 1993 and transferred to the USAR Control Group (Reinforcement).

7.  Orders dated 7 October 1993 from the US Total Army Personnel Command promoted the applicant to CW3 effective 1 November 1993 based on his ADL promotion selection.  The orders were subsequently revoked.

8.  Upon his transfer to the Reserve Control Group, his PED (promotion eligibility date) for Reserve promotion to CW3 was calculated as 14 November 1993, after completion of 6 years of time in the lower grade.

9.  He was transferred from the USAR to the Nevada Army National Guard (ARNG) in the rank of CW2 effective 21 April 1994.  He was released on 30 November 1995 and appointed in the Idaho ARNG on 1 December 1995. 

10. He was not eligible for consideration for promotion by the Reserve Components Selection Board (RCSB) prior to his separation from active duty.

11. He was erroneously not considered for promotion by the 1994 RCSB.

12. He was considered and selected by the 1995 RCSB.

13. There is no record of action taken based on the 1995 RCSB selection.

14. He was promoted to CW3 by the ARNG, based on position vacancy with an effective date and date of rank of 10 January 1996.

15. On 22 December 1998, an official of the Reserve Promotions and Notifications Branch, Total Army Personnel Command, advised a staff member of the Board that the applicant was considered and selected for promotion to CW3 by the 1995 RSCB (95W), and that he was not considered by a 1994 RCSB.

16. Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that promotion reconsideration by a standby promotion advisory board may be based on erroneous non-consideration.  It also specifies that 6 years of time in the lower grade is required for promotion to CW3, and that individuals will receive mandatory promotion consideration prior to their PED's so that, if selected, they may be promoted on their future PED.

17. Army Regulation 624-100/600-8-29 prescribes the policies and procedures for promotion of officers on active duty only, i.e., on the ADL.

18.  The Chief, Personnel Division, National Guard Bureau, expressed the opinion that since the applicant was not recommended by a Department of the Army Mandatory Board, there is no basis for his claim.  The National Guard Bureau recommended that his records appear before all Standby Advisory Boards for which he is eligible.

CONCLUSIONS:

1.  The applicant is entitled to a date of rank of 14 November 1993 for his promotion to CW3, based on the 1995 RCSB selection.

2.  The Board notes that the applicant, through no fault of his own, was not immediately considered for promotion by RCSB’s when he left active duty and entered the Reserve Control Group.  It is also noted that the applicant performed the duties in the rank of CW3 effective on 10 January 1996 and there is no reason to change the promotion effective date, and that there is no reason to have him considered under 1994 criteria since his date of rank would not change from 14 November 1993, the date he is requesting.

3.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant's records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the date of rank of the individual concerned for his promotion to CW3 is 14 November 1993.

BOARD VOTE:  

RVC____  KAK____  LE______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-07812	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1998 December 23	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131	
2.	131.05	
3.		
4.		
5.		
6.