IN THE CASE OF: BOARD DATE: 29 October 2020 DOCKET NUMBER: AR20200002948 APPLICANT REQUESTS: correction of her Date of Rank (DOR) to Chief Warrant Officer Three (CW3) / W-3 to reflect 31 October 2005 rather than 14 May 2006. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Order# R-10-579604 dated 5 October 2005 * Order# B-04-603219 dated 17 April 2006 * Assignment History documents * Table of Distribution and Allowances (TDA) dated 27 November 2019 * Email Communication dated 10 December 2019 FACTS: 1. The applicant states that her DOR to CW3 should be based upon the date that she was assigned to a Chief Warrant Officer Four (CW4) / W-4 position within the Active Guard Reserve (AGR) Program (31 October 2005) in accordance with the guidance provided in Army Regulation (AR) 135-155, Chapter 4 paragraph 21(d) which provides that the “DOR for an AGR officer will be the date the officer attained maximum Time in Grade (TIG) or the date on which assigned/attached to a position in the higher grade, whichever is earlier.” She contests that previously the DOR for CW3 and CW4 was relative to their TIG requirements (6 years); however, the guidance provided within AR 135-155 was further clarified by the Human Resources Command (HRC). She was assigned to an AGR CW4 position on 31 October 2005 and therefore should have been promoted to CW3 on that date rather than waiting to obtain 6 years TIG. 2. A review of the applicant’s available service records reflects the following: a. On 20 August 1984 she enlisted in the United States Army Reserve (USAR). b. On 13 September 1984 she enlisted in the Regular Army. c. On 12 July 1987 she was released from active duty and transferred into the USAR (Reinforcement). d. On 6 December 1989 (Order# C-12-059191) she was transferred from the USAR (Reinforcement) into the USAR (Annual Training) effective 5 December 1989. e. On 15 May 1998 she was appointed as a Warrant Officer within the USAR. f. On 27 April 2000 she was promoted to the rank of Chief Warrant Officer Two (CW2) / W-2 with a DOR of 15 May 2000. g. On 5 October 2005 (Order# R-10-579604) she was ordered to active duty in the AGR Program effective 31 October 2005. Her position of assignment indicates Paragraph (PARA) 004, Line# (LIN) 05 (Legal Administrative Technician). h. On 17 April 2006 (Order# B-04-603219) she was promoted to the rank of CW3 with a DOR of 14 May 2006. i. On 10 May 2012 (Order# B-05-203555) she was promoted to the rank of CW4 with a DOR of 14 May 2012. j. On 16 December 2019 (Order# B-05-203555A01) her promotion order to CW4 was amended to reflect a change in her DOR to CW4 to reflect 28 July 2011. 3. The applicant provides the following: a. Order# R-10-579604 dated 5 October 2005 – see item 2g. above. b. Order# B-04-603219 dated 17 April 2006 – see item 2h. above. c. Assignment History documents reflective of a duty assignment date of 31 October 2005. At the time of assignment the position was coded on the TDA as an authorized “CW4” position. This information is consistent with the PARA and LIN listed on Order# R-10-579604. d. Table of Distribution and Allowances (TDA) dated 27 November 2019 reflective of the Legal Administrative Technician position of assignment within the Army Reserve Medical Command (ARMEDCOM) being listed as an authorized “W4” position. e. Email Communication dated 10 December 2019 reflective of the Senior Legal Advisor within the United States Army Reserve Command (USARC) redirecting her to seek relief from the ABCMR as HRC was currently only working cases going back to 2010. 4. See applicable regulatory guidance below under REFERENCES. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was warranted. Based upon the regulatory guidance found in AR 135-55 and the assignment of the applicant to a position of higher paygrade at a time she was in a promotable status, the Board concluded there was sufficient evidence to show an error or injustice which warrants amending the applicant’s date of rank to CW3 to read 31 October 2005. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s military record to show her date of rank to CW3 as 31 October 2005. I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. REFERENCES: 1. Army Regulation (AR) 135-155 (Promotion of Commissioned Officers and Warrant Officers Other than General Officers) provides that AGR officers selected by a mandatory board will be promoted provided they are assigned/attached to a position in the higher grade. An AGR officer who is selected for promotion by a mandatory promotion board, but who is not assigned/attached to a position in the higher grade will be promoted on the date of assignment/attachment to a higher graded position or the day after release from AGR status. The date of rank will be the date the officer attained maximum TIG or the date on which assigned/attached to a position in the higher grade, whichever is earlier. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200002948 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1