PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  30 January 2001
	DOCKET NUMBER:  AR2000046605

	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. Carl W. S. Chun		Director	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas E. O’Shaughnessy		Member	
	Ms. Brenda F. Hirschi		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 enlistment contract be voided, immediate reinstatement in his previous Reserve status as a Chief Warrant Officer Three (CW3), and subsequent promotion to CW4.

3.  The applicant states he was twice non-selected but subsequently selected by a special selection board (SSB) for promotion to CW4.  The Army Board for Correction of Military Records (ABCMR) directed that he be promoted and his discharge be revoked, however; since he enlisted in the Army Reserve, his enlistment must first be revoked.  He submits a copy of his discharge, promotion memorandum dated 25 May 2000, promotion status memorandum dated 6 July 2000 and his enlistment contract in support of his request.

4.  The applicant’s military records show that he was considered and not selected for promotion to CW4 by the 1997 and 1998 Reserve Components Selection Boards (RCSB’s).  Based on his non-selections he was subsequently discharged on 1 March 1999.

5.  He enlisted in the Army Reserve as a sergeant E-5 effective 26 April 1999.

6.  On 12 May 1999, he was selected for promotion to CW4 by Department Reserve Components Advisory Board under 1997 criteria.

7.  On 23 November 1999, the ABCMR directed that the applicant be promoted to CW4 on the date of his eligibility, that his discharge be voided and of no force or effect, and that all documents related to his now voided discharge be expunged from his official military personnel records.

8.  The applicant was advised to apply to the ABCMR for voiding of his enlistment contract.  He was further advised that if he is unable to locate a senior warrant officer position by the time the ABCMR decision is made, he may be transferred to the Individual Ready Reserve for promotion purposes.

9.  Title 10, United States Code, Section 14502 (e) (3) specifies that if a report of an SSB, as approved by the President, recommends for promotion to the next higher grade a former officer whose name was referred to it for consideration, the Secretary concerned may act to correct the military records of the former officer to correct an error or injustice resulting from not being selected for promotion by the board which should have considered, or which did consider, the officer.

10.  Title 10, United States Code, Section 1552 specifies that the Secretary of a military department may correct any military records of the Secretary’s department when the Secretary considers it necessary to correct an error or remove an injustice.

CONCLUSIONS:

1.  The applicant is entitled to expunction of his enlistment contract, with no force or effect, and further correction of his military records to show he was promoted to CW4 effective 30 September 1998, with entitlement to back pay and allowances.

2.  It is noted the applicant’s enlistment in the Army Reserve effective 26 April 1999 should be voided and his previous status as a CW3 must be reinstated in accordance with the previous ABCMR determination.

3.  It is further noted that any pay and allowances received by the applicant as an enlisted man for the period of the now voided enlistment will be offset based on this records correction.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

a.  by voiding the discharge of the individual concerned dated 1 March 1999 with reinstatement to his previous Reserve CW3 status;

	b.  by voiding his enlistment in the USAR dated 26 April 1999 with no force or effect;

	c.  by showing he was promoted to chief warrant officer four effective 30 September 1998, with entitlement to back pay and allowances; and

d.  by offsetting the pay received by the applicant in his now voided enlisted status.

BOARD VOTE:  

__ao___  ___to___  ___bh____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Arthur A. Omartian____
		        CHAIRPERSON

INDEX

CASE ID	AR2000046605	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010130	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.