MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           18 SEPTEMBER 2001
	DOCKET NUMBER:   AR2001056262

	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. Carl W. S. Chun		Director	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Karen A. Heinz		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:  In effect, that his promotion to Chief Warrant Officer Five (CW5) be reinstated.

APPLICANT STATES:  That he served as a CW5 for two and a half years before his promotion was revoked, and that he was unaware of the educational requirement needed for the position and the promotion.  

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

In July 1969, the applicant was appointed as a Reserve Warrant Officer (W01).
He was promoted in the Army National Guard to the grades of CW2, CW3, and CW4, on 28 July 1970, 14 July 1978 and 18 October 1984, respectively. 

On 21 August 1996, the applicant was promoted to the grade of CW5, and assigned to a new duty position in the military occupational specialty (MOS) 155E.  

At the time of his promotion the applicant was not qualified for MOS 155E, but was promoted with the stipulation that he successfully complete the Fixed Wing Multi-Engine Qualification Course, which would have certified him for MOS 155E and solidified his promotion.  

On 8 February 1996, the applicant enrolled in the Fixed Wing Multi-Engine Qualification Course.  However, he failed to achieve course standards and was eliminated from the course. 

On 1 April 1999, as a result of his being eliminated from the Fixed Wing Multi-Engine Qualification Course and nullifying the condition of his promotion, his promotion to CW5 was revoked.  He was permitted to retain all pay and allowances associated with the conditional promotion.

Army Regulation 600-101 provides, in pertinent part, that to be eligible for a Reserve of the Army promotion an individual must be in an active status and be qualified in the assigned duty military occupational specialty (DMOS).  

Army Regulation 600-101, also provides that warrant officers who are assigned to positions for which they are not duty MOS qualified are not eligible for promotion, and must complete proponent certification requirements for the new duty MOS within two years from the date of assignment.

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 applicant was promoted to CW5 under the condition that he complete the Fixed Wing Multi-Engine Qualification Course which would have qualified him for his new duty MOS 155E.  The applicant was given two years to become certified in the new MOS.  However, he failed to complete the required course and his promotion was revoked.  The applicant was allowed to retain all pay and allowances received during the period of his promotion.

2.  The applicant's contention that he was unaware of the educational requirements for the position and promotion is without merit.  The fact that he was enrolled in the Fixed Wing Multi-Engine Qualification Course supports the conclusion that he knew the course was needed to fulfill the educational requirement for his new DMOS.  He failed to achieve course standards and was eliminated from the course.    

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence to show that there was an error or injustice in this case.

4.  In view of the foregoing, 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

__JHL___  __MHM__  __KAH__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001056262	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010918	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.