MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            20 May 2003
	DOCKET NUMBER:   AR2003083924

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Ms. Deborah S. Jacobs		Member	
	Mr. Jose A. Martinez		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 date of rank (DOR) for promotion to the rank of chief warrant officer three (CW3) be adjusted to 2 August 1998.

APPLICANT STATES:  In effect, that his DOR for promotion to CW3 should be adjusted to 2 August 1998, 6 years from his DOR for promotion to the rank of chief warrant officer two (CW2).  He further states that while on active duty he was selected for promotion to CW3 in 1997, but was released from active duty on 8 August 1998.  He missed the 1998 United States Army Reserve (USAR) selection board but was selected by the 1999 selection board and was promoted on 15 October 1999.  

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

He was honorably discharged from the Vermont Air National Guard on 22 May 1989, to enlist in the Army.  He enlisted in the Regular Army on 23 May 1989 under the warrant officer flight training enlistment option for a period of 4 years. 

He completed his training and was honorably discharged on 1 August 1990, to accept a commission as a warrant officer with a concurrent call to active duty.

He was appointed as a USAR warrant officer one (WO1) on 2 August 1990 and was promoted to the rank of CW2 on 2 August 1992.

He was selected for promotion to the rank of CW3 by the Fiscal Year 1997 Promotion Selection Board on 17 October 1998.  His scheduled promotion eligibility date was 20 July 1998.  However, on 2 April 1998, the applicant submitted a declination of appointment into the Regular Army in order to accept his promotion to the rank of CW3. 

On 22 April 1998, the Total Army Personnel Command (PERSCOM) dispatched a message to the applicant's command at Fort Bragg, North Carolina, directing that the applicant be released from active duty upon completion of his active duty service obligation on 7 August 1998.

Accordingly, he was honorably released from active duty (REFRAD) in the rank of CW2 on 7 August 1998, due to completion of required active service.  He had served 9 years, 2 months and 15 days of total active service and was transferred to a USAR Troop Program Unit (TPU) in Florida.

He was selected for promotion to CW3 by the 1999 USAR Components Warrant Officer Selection Board that was approved on 8 July 1999.  However, on 11 August 1999, a suspension of his promotion was initiated because he was not assigned to a valid TPU position and did not have a current maximum allowable weight standard on file.  The issues were finally resolved and he was promoted to CW3 on 15 October 1999, when all of the qualifications were met.
Army Regulation 135-155 prescribes policy and procedures used in the selection and promotion of commissioned and warrant officers of the USAR.  It provides, in pertinent part, that for promotion to the rank of CW3, warrant officers must have served a minimum of 6 years in the rank of CW2 to be eligible for consideration to the rank of CW3.  That regulations also provides, in pertinent part, that a promotion to the next higher grade is not valid if the officer is not in a promotable status.

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.  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 that would satisfy this requirement.

2.  At the time the applicant was REFRAD, after having declined integration into the Regular Army, the USAR Components Selection Board for that year had already been convened and thus he was considered by the next board that convened and was selected.  This was the first board in which he was eligible to be considered for given the timing of his REFRAD.

3.  Unfortunately, he was not in a promotable status until 15 October 1999, when he was promoted to the rank of CW3.  

4.  Although it is the intent of the USAR promotion system to promote officers as close to the time they meet the service requirements (6 years in grade), in many cases this cannot be accomplished for a variety of reasons, some of which are the result of actions by the soldiers themselves.  In this case, the Board finds, after reviewing the available evidence of record, that he was promoted at the soonest time he was eligible to be promoted under the circumstances and that there is no basis to antedate his promotion. 

5.  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

__dj ____  __jam ___  __mm___  DENY APPLICATION

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

INDEX

CASE ID	AR2003083924	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/05/20	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  315	131.0500/DOR	
2.		
3.		
4.		
5.		
6.