PROCEEDINGS

	IN THE CASE OF:           

	BOARD DATE:                 30 July 2002
	DOCKET NUMBER:         AR2002066988

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Ms. Karen A. Heinz		Member	
	Mr. Thomas Lanyi		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 correction of her date of rank (DOR) to Chief Warrant Officer Two (CW2) and that she be awarded all back pay and allowances.  

3.  The applicant's request to correct her basic active service date, active Federal commissioned service, and active Federal service on her Officer Record Brief will be addressed by separate correspondence.

4.  The applicant states that she was a captain in the Military Police Branch and transferred to be a Criminal Investigation Division (CID) special agent.  She contends that, upon completion of her training on 23 January 2000, she should have been re-accessed as a CW2 and her service dates should have been adjusted based on her prior service.  

5.  In support of her application, the applicant submits the following documents: (1) two Officer Record Briefs; (2) Memorandum from the U.S. Total Army Personnel Command (PERSCOM); (3) five promotion orders; (4) DA Form 78-R (Recommendation for Promotion to 1LT/CW2); (5) three DA Forms 71 (Oath of Office – Military Personnel); (6) DD Form 214 (Certificate of Release or Discharge from Active Duty); (7)  DA Form 1506 (Statement of Service – For Computation of Length of Service for Pay Purposes; (8) three discharge orders; 
(9) DA Form 2-1 (Personnel Qualification Record); (10) Statements for Enlistment; (11) nineteen reassignment orders; (12) DA Form 597 (Army Senior Reserve Officers' Training Corps Student Contract; (13) DA Form 4/1 (Enlistment /Reenlistment Contract); (14) Memorandum from 198th Personnel Service Company; (15) DA Form 78-E (Recommendation for Promotion to 1LT); 
(16) five Request for Orders; (17) Letter of Appointment as a Reserve Commissioned Officer; (18) Orders awarding the Joint Service Commendation Medal and the Joint Service Achievement Medal; (19) Officer Assignment Instruction; and (20) Orders awarding military occupational specialty 95B [military policeman].

6.  The applicant’s military records show she is currently serving on active duty in the rank of CW2.

7.  Records show that she served on active duty in an enlisted status from 21 October 1981 through 18 October 1985 and was transferred to the U.S. Army Reserve Control Group (Reinforcement).  She was appointed as a Reserve commissioned officer on 18 December 1987 in the rank of second lieutenant.  The applicant was promoted to captain effective 1 June 1992.

8.  The applicant was appointed as a Reserve warrant officer on 23 January 2000 in the rank of Warrant Officer One (WO1).

9.  The applicant provided a copy of a memorandum, dated 11 September 2001, from the Date of Rank Section of the Promotions Branch at PERSCOM.  This memorandum indicated that the applicant's DOR to WO1 had been determined to be 10 February 1988.  The memorandum also indicated that, based on the applicant's DOR of 10 February 1988, the applicant had attained eligibility for promotion to the grade of CW2 on 23 January 2000 based on Army Regulation 600-8-29, paragraph 3-3a(2).

10.  Orders were published on 21 October 2001 which promoted the applicant to CW2 with an effective date of 23 January 2000 and with a DOR of 23 January 2000.

CONCLUSIONS:

1.  The applicant was appointed as a Reserve warrant officer on 23 January 2000 in the grade of WO1.

2.  Upon completion of a DOR determination by PERSCOM, it was determined that the applicant's DOR to WO1 was 10 February 1988. 

3.  Based on the applicant's DOR to WO1 as 10 February 1988, the applicant had attained eligibility for promotion to the grade of CW2 on 23 January 2000.

4.  Orders were published on 10 October 2001 by the PSB at Fort Lewis which promoted the applicant to CW2 with an effective date and DOR of 23 January 2000.  

5.  Based on the foregoing, the Board determined that there is no error or injustice in this case regarding the applicant's DOR to CW2; however, it would be appropriate to award the applicant all back pay and allowances to which she is entitled.

6.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was appointed in the Reserve on 23 January 2000 in the grade of CW2.

2.  That the military pay account of the individual concerned be audited to determine the amount owed to her, if any, for the difference between the grade of WO1 and the grade of CW2 from her date of appointment of 23 January 2000 to 10 October 2001.

3.  That upon completion of the audit of her military pay account, that she be paid all back pay and allowances owed to her, if any.

4.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

AAO____  KAH_____  TL______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Arthur A. Omartian____
		        CHAIRPERSON

INDEX

CASE ID	AR2002066988	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020730	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	102.0700	
2.		
3.		
4.		
5.		
6.