RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 March 2007 DOCKET NUMBER: AR20060011637 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. Gerard W. Schwartz Acting Director Ms. Wanda L. Waller Analyst The following members, a quorum, were present: Ms. Linda D. Simmons Chairperson Mr. John T. Meixell Member Mr. Roland S. Venable Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, consideration for promotion to Chief Warrant Officer Five (CW5) by a Department of the Army Promotion Advisory Board under the 2006 criteria. 2. The applicant states that at the time of the 2006 CW5 promotion board his promotion records were incorrect, in that his promotion to CW3 was erroneously delayed by one year. He contends that his promotion records have been corrected and he should have been eligible to be boarded on the 2006 CW5 Promotion Board. 3. The applicant provides corrected promotion orders, dated 2 January 2002 and 21 January 1997. CONSIDERATION OF EVIDENCE: 1. The applicant is currently serving as a U. S. Army Reserve Chief Warrant Officer Four (CW4) in the Active Guard Reserve Program. 2. Corrected orders, dated 21 January 1997, show the applicant was promoted to Chief Warrant Officer Three (CW3) with a date of rank of 4 March 1995. 3. Corrected orders, dated 2 January 2002, show the applicant was promoted to CW4 with a date of rank of 4 March 2001. 4. In the processing of this case, a staff advisory opinion was obtained from the Chief, Special Actions Branch, Office of Promotions, Reserve Components, Human Resources Command, St. Louis, Missouri. The opinion states that after reviewing the applicant’s request it was determined that he was eligible for consideration by a Department of the Army Promotion Advisory Board in accordance with Army Regulation 135-155, paragraph 3-19. His request is based on omission from the 2006 CW5 Department of the Army Reserve Components Selection Board. 5. A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal. He concurred with the advisory opinion on 21 March 2007. 6. Paragraph 3-19 of Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officer Other Than General Officer) states, in pertinent part, that warrant officers who were erroneously not considered for promotion through administrative error may be reconsidered for promotion by a promotion advisory board. Promotion advisory boards are nonstatutory boards, and are convened to reconsider all warrant officers, to include commissioned warrant officers. DISCUSSION AND CONCLUSIONS: 1. The applicant was promoted to CW4 with a date of rank of 4 March 2001. 2. The advisory opinion states the applicant’s file was omitted from the 2006 Department of the Army Reserve Components Selection Board for promotion to CW5 and that he is eligible for consideration for promotion to CW5 by a Department of the Army Promotion Advisory Board. Therefore, it would be equitable to submit the applicant’s records to a duly constituted Department of the Army Promotion Advisory Board for consideration to promotion to CW5 under the 2006 criteria. 3. If the applicant is selected for promotion to CW5, his records should be further corrected by promoting him to CW5 and assigning the appropriate date of rank. BOARD VOTE: __lds___ __jtm___ __rsv___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by submitting his records to a duly constituted Department of the Army Promotion Advisory Board for promotion consideration to CW5 under the 2006 criteria. 2. That if selected, his records be further corrected by showing he was promoted to CW5 on his date of eligibility, as determined by appropriate Departmental officials, using the 2006 criteria, as appropriate, provided he was otherwise qualified and met all other prerequisites for promotion. 3. That if he is not selected for promotion, he be notified accordingly. Linda D. Simmons ______________________ CHAIRPERSON INDEX CASE ID AR20060011637 SUFFIX RECON DATE BOARDED 20070322 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION (GRANT) REVIEW AUTHORITY ISSUES 1. 131.1100 2. 3. 4. 5. 6.