RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 November 2007 DOCKET NUMBER: AR20070006413 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 Mr. Michael L. Engle Analyst The following members, a quorum, were present: Ms. Barbara J. Ellis Chairperson Mr. Jose A. Martinez Member Mr. Chester A. Damian 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 military records to restore his rank to chief warrant officer two (CW2). If his rank cannot be restored, then he further requests that his date of rank as a warrant officer one (WO1) be adjusted to provide constructive credit for his prior service in this grade. He further requests to personally appear before the Board. 2. The applicant states that he is currently on active duty as a WO1. He served in the Arizona Army National Guard (AZARNG) as a CW2. He was told that he could transfer his commission into the Active Component; therefore, he resigned from the AZARNG in October 2003. After eight months of attempting to be appointed as a CW2 on active duty, he enlisted in the Regular Army on 29 June 2004, beginning in the rank of sergeant, pay grade E-5. He sought assistance from the Warrant Officer Branch without help. He then submitted an application for consideration and selection as a warrant officer. He was subsequently selected and appointed a WO1 in the United States Army Reserve (USAR) with concurrent call to active duty. He was granted constructive credit for his completion of the Warrant Officer Candidate Course on 19 May 2000. 3. The applicant provides copies of his Certificates of Release or Discharge from Active Duty (DD Forms 214), award certificates, performance evaluations, training certificates, enlistment contracts with enclosures, AZARNG records of service and separation, and documents pertaining to his service as a Federal civilian employee. CONSIDERATION OF EVIDENCE: 1. At the time of his application, the applicant was serving on active duty as a USAR WO1. His date of rank was 7 April 2006. 2. Records show that the applicant voluntarily resigned his commission as a CW2 in the AZARNG on 7 October 2003. 3. On 29 June 2004, the applicant enlisted in the Regular Army beginning in the rank of sergeant, pay grade E-5. He was promoted to staff sergeant, pay grade E-6 on 1 March 2006. 4. The applicant applied for and was subsequently selected to enter the Warrant Officer Program. He was granted constructive credit for completion of the Warrant Officer Candidate Course. 5. On 6 April 2006, the applicant was honorably released from active duty for the purpose of accepting a warrant officer appointment in the USAR, with concurrent call to active duty. 6. The applicant was appointed a USAR WO1 with a date of rank and effective date of 7 April 2006. On 13 July 2006, he completed training in military occupational specialty 915A (Unit Maintenance Repair Technician). DISCUSSION AND CONCLUSIONS: 1. The applicant requested a personal appearance before the Board; however, since there is sufficient evidence available to fully consider this case, a formal hearing is not warranted. 2. The evidence clearly shows that the applicant voluntarily resigned his CW2 commission in the AZARNG and after a break in service of 8 months he enlisted in the Regular Army as an enlisted member. There is no evidence showing that he was promised or otherwise led to believe that he would be immediately appointed as a CW2 in the Regular Army. He submitted an application for appointment as a warrant officer. He was subsequently selected and granted a new appointment as a WO1, which he accepted. 3. There are no regulatory provisions to restore his former rank, or to adjust his current date of rank. While, the applicant may believe that he has been treated unfairly, there is no evidence of injustice or error in his case. 4. 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 the aforementioned requirement. 5. In view of the foregoing, there is no basis for granting the applicant's request. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __ JAM __ __BJE __ __CAD__ 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. ___ Barbara J. Ellis __ CHAIRPERSON INDEX CASE ID AR20070006413 SUFFIX RECON DATE BOARDED 20071108 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY ISSUES 1. 131 2. 3. 4. 5. 6.