MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           1 August 2000                   
	DOCKET NUMBER:   AR1999032459

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Deborah S. Jacobs		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Ernest W. Lutz, Jr.		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 the orders transferring him to the Retired Reserve be revoked and that he be granted a waiver of the educational requirement needed for promotion to Chief Warrant Officer Four (CW4).

APPLICANT STATES:  That due to circumstances beyond his control, he lost his U. S. Army Reserve (USAR) membership because of his inability to complete the Warrant Officer Advance Course (WOAC) prior to the convening of the             April - May 1999 CW4 Reserve Components Selection Board.  The Army Reserve Personnel Command (AR-PERSCOM) initially told him to go through his unit for class dates.  After his unit told him they did not have the capabilities to do so, he recontacted someone else at AR-PERSCOM who told him the Personnel Management Officers (PMOs) at AR-PERSCOM were responsible for making class dates.  AR-PERSCOM refused to request orders for his attendance, stating he would be unable to complete Phases II and IV prior to the convening of the promotion board.  He was told there was nothing he could do, he would be notified of the board results and he would be transferred to the Retired Reserve.

The applicant provides a letter from his colonel commander requesting a waiver of the educational requirements needed for promotion to CW4 as concerned the applicant.  The commander stated that the applicant enrolled in the WOAC in April 1997 and successfully completed all correspondence phases of the course as of August 1998.  AR-PERSCOM would not allow him to schedule attendance in either resident phase II or IV after 30 August 1998, which precluded him from completing all requirements of WOAC prior to the promotion board convening in April 1999.  During his enrollment in the correspondence portion of WOAC, neither his PMO nor the course proponent made him aware of the specific dates of the active duty phases.

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

He enlisted in the USAR on 1 April 1968.  He was appointed a warrant officer in the USAR in the grade of Chief Warrant Officer Two (CW2) on 31 July 1987.  He was promoted to Chief Warrant Officer Three (CW3) on 31 July 1993.

The applicant apparently enrolled in the WOAC in April 1997.

The applicant was apparently nonselected for promotion for the first time by the 1998 CW4 Army Reserve Components Selection Board.

On 5 August 1999, the applicant was notified that he had been nonselected for promotion for the second time by the 1999 CW4 Army Reserve Components Selection Board and must be removed from an active status.  On 14 September 1999, he elected transfer to the Retired Reserve.

Army Regulation 135-155 prescribes policy used in the selection and promotion of commissioned officers of the Army National Guard of the United States and to commissioned and warrant officers of the USAR.  In pertinent part it states that the minimum military education level required for promotion from CW3 to CW4 is Senior Warrant Officer Training (SWOT), formerly known as WOAC. 

Department of the Army Pamphlet 600-11 provides career planning guidance to warrant officers’ four principal developmental authorities.  They are Headquarters, Department of the Army, the proponent agency, the commander or supervisor, and the individual service member.  It states that individuals are managers of their own careers.  All warrant officers should actively participate in their professional development by identifying their long-term professional objectives, planning for their achievement, and evaluating their own progress periodically and taking or requesting appropriate action.  Table 3-2 discusses the career phases of a generalized warrant officer career pattern in years of warrant officer service.  Phase 2 is between 8 – 20 years of service.  (Soldiers appointed directly to CW2 will be credited with two years constructive warrant officer service.)  This is when the warrant officer should attend the appropriate SWOT course.  Table 5-1 discusses the primary zones of consideration for schools selection.  It states that warrant officers in grade CW2 promotable or higher are eligible for SWOT.  The Pamphlet warns warrant officers that selection of students for any training may be limited by the available budget or for other reasons.

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.  The Board notes that the applicant did not enroll in the nonresident WOAC/SWOT until April 1997, one year prior to the first time he would be considered for promotion to CW4.  Had he properly managed his own career he would have known that he could have enrolled as early as July 1993 and even earlier since he presumably was a CW2 promotable for several months before he was promoted.  A prudent start in the furthering of his career beyond CW3 would have precluded the circumstances surrounding his two-time nonselection for promotion to CW4 and his transfer to the Retired Reserve.

3.  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

__dsj___  __kak___  __ewl___  DENY APPLICATION

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

INDEX

CASE ID	AR1999032459	
SUFFIX		
RECON		
DATE BOARDED	20000801	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.