MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           18 Mar 1999                   
	DOCKET NUMBER:   AC98-11319
                                              AR1998014389

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

	Mr. Loren G. Harrell		Director	
	Mr. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Ms. Karen Y. Fletcher		Member	
	Mr. Ernest W. Lutz, Jr.		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  That his military records be corrected to show his retired rank as chief warrant officer three (CW3).

APPLICANT STATES:  That he was promoted to CW3 prior to his retirement as a chief warrant officer two (CW2).  In support of his application, he submits copies of his separation document (DD Form 214), orders promoting him to CW3, and his Certificate of Retirement showing his retired grade as CW2.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the Army on 13 August 1968, completed his initial training and served in a series of assignments both overseas and in the United States.  He attained the rank of sergeant first class (E-7) and was honorably discharged on 12 January 1984.  He completed 15 years, 4 months and 13 days of creditable active service.

On 13 January 1984 the applicant was appointed to warrant officer one in the USAR and ordered to active duty.  He completed training as a physician’s assistant and was assigned to the Republic of Korea for duty.

On 15 February 1985 the applicant was promoted to CW2.

On 10 August 1990 the applicant requested voluntary retirement for length of service to be effective 28 February 1991.  On 26 December 1990 the applicant requested that his date of retirement be changed to 31 August 1991.  The appropriate authority approved his request on 14 June 1991.

On 22 July 1991 orders were published retiring the applicant effective 29 February 1992, in the grade of CW2.

On 10 September 1991 Department of the Army Order Number 133-063 was published promoting him to the grade of CW3 effective 1 October 1991.  The orders stated that the promotion “is not valid and will be revoked if the officer concerned is not in a promotable status on the effective date of promotion.”  

Army Regulation 624-100 prescribes the policies and procedures for promotion of officers on active duty.  Paragraph 1-9a of that regulation provides that warrant officers will not be promoted if they have a voluntary retirement application approved by the Total Army Personnel Command (PERSCOM).

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The regulation is clear.  A warrant officer with an approved retirement application will not be promoted, notwithstanding the publication of promotion orders.  The Board finds no basis for an exception to this policy in this case.  

2.  Although the promotion orders were published prior to the applicant’s retirement, his request for voluntary retirement for length of service had been approved prior to the date the orders were published.  Therefore, he was not in a promotable status on the effective date of the promotion order.

3.  In view of the forgoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-11319/AR1998014389	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990318	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.