RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  11 September 2007
	DOCKET NUMBER:  AR20060017749 


	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.  


Ms. Catherine C. Mitrano

Director

Ms. Antoinette Farley

Analyst


The following members, a quorum, were present:


Mr. Larry C. Bergquist

Chairperson

Ms. Marla J. N. Troup

Member

Ms. Ernestine I. Fields 

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, correction of his records to show he retired as a chief warrant officer three (CW3). 

2.  The applicant states, in effect, that he was promoted to CW3 as shown on his promotion orders, dated 20 October 2004. 

3.  The applicant provides a copy of his promotion orders to CW3 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant initially enlisted in the Regular Army on 19 July 1983.  He continued to serve on active duty through a series of reenlistments until he was discharged from active duty on 13 November 1997 for the purpose of being ordered to active duty as a warrant officer.  He was appointed as a Reserve chief warrant officer two (CW2) on 14 November 1997.

2.  The applicant executed a second Oath of Office and was appointed as a CW2 in the Regular Army on 16 November 1999.

3.  The applicant voluntarily requested to be relieved from active duty and assignment on 30 November 2004 and to be placed on the retired list on 1 December 2004.

4.  Department of the Army, U.S. Total Army Personnel Command, Alexandria, Virginia Order Number 294-140, dated 20 October 2004, promoted the applicant to CW3 with an effective date and date of rank of 1 November 2004.  This order states that the promotion is not valid and will be revoked if the officer is not in a promotable status on the effective date of promotion.

5.  By orders dated 27 April 2004, the applicant was released from active duty effective 30 November 2004 for the purpose of retirement.  

6.  Item 4a (Grade, Rate, or Rank) and item 4b (Pay Grade) on his DD Form 214 for the period ending 30 November 2004 show his rank and pay grade as CW2/pay grade W-2.

7.  Army Regulation 600-8-29 (Officer Promotion) prescribes the policies and procedures for promotion of officers on active duty.  Paragraph 1-19 of this regulation states that promotion is automatically delayed (that is, the officer is not promoted in spite of the publication of promotion orders) when a warrant officer's voluntary retirement application has been approved. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be advanced on the retired list to the rank and grade of chief warrant officer three. 

2.  The applicant was promoted to CW3 on orders dated 20 October 2004 with an effective date of 1 November 2004.  However, the orders specifically stated promotion was not valid and would be revoked if the officer concerned was not in a promotable status on the effective date of the promotion.  On 1 November 2004, the applicant was not in a promotable status due to the fact that his voluntary retirement application had been approved.  Therefore, his promotion to CW3 is not valid.

4.  In view of the above, the applicant's rank which shows CW2 is correct as currently constituted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_EF____  __MT____  __LB____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




___Larry Bryant_____
          CHAIRPERSON


INDEX

CASE ID
AR20060017749
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
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.