IN THE CASE OF: BOARD DATE: 01 April 2010 DOCKET NUMBER: AR20090016199 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his records be corrected to show his retired grade as chief warrant officer four (CW4). He also requests any pay differential that this correction will necessitate. 2. The applicant states he was promoted to CW4 effective 1 August 2008. 3. The applicant provides documents which he lists in his request. CONSIDERATION OF EVIDENCE: 1. The applicant's military records show that he was appointed as a warrant officer on 26 November 1997 with prior enlisted service. He served continuously and was promoted to CW3 on 1 December 2004. 2. On 28 August 2006, the Army Special Review Boards (SRB) directed that the applicant's officer evaluation report (OER) for the period 17 December 2006 through 11 April 2007 be removed from his records. The SRB added that promotion reconsideration was not warranted as a result of the correction. 3. On 31 October 2008, the SRB processed a supplemental proceeding on the applicant's case. The SRB directed that the applicant be given promotion reconsideration to CW4. 4. The applicant was retired for years of service on 30 April 2009. 5. The applicant was selected for promotion and Order Number 240-001 was published on 28 August 2009 promoting the applicant to CW4 effective 1 August 2008. 6. Title 10, U. S. Code, section 1371, warrant officers: general rule, states that unless entitled to a higher retired grade under some other provision of law, a warrant officer retires, as determined by the Secretary concerned, in the permanent regular or Reserve warrant officer grade, if any, that he held on the day before the date of his retirement, or in any higher warrant officer grade in which he served on active duty satisfactorily, as determined by the Secretary, for a period of more than 30 days. DISCUSSION AND CONCLUSIONS: 1. Based on the applicant's retroactive promotion, he was a CW4 on the date of his retirement. As such, he was entitled, as an operation of law, to be retired as a CW4. 2. His DD Form 214 for the period ending 30 April 2009 should be corrected to show in Item 4a (grade, rate or rank) CW4, Item 4b (pay grade) WO4, and Item 12h (effective date of pay grade) 1 August 2008. 3. As for pay, the applicant is entitled to the difference in pay between CW3 and CW4 from the effective date of his promotion: 1 August 2008. Therefore, he should be paid the difference for the time he served on active duty and the time he has been on the Retired List. BOARD VOTE: ___X___ ___X____ ____X___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 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: a. amending his DD Form 214 for the period ending 30 April 2009 to show his rank as CW4 in Item 4a, his pay grade as WO4 in Item 4b, and his effective date of pay grade as 1 August 2008 in Item 12h; b. showing he was placed on the Retired List in the rank of CW4; and c. paying him the difference in active duty and retired pay between CW3 and CW4 from 1 August 2008. _______ _ X _______ ___ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20090016199 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090016199 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1