ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 2 May 2019 DOCKET NUMBER: AR20160014540 APPLICANT REQUESTS: that his retirement pay grade be changed from Chief Warrant Officer Two (CW2) to Chief Warrant Officer Three (CW3) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Appointment as a Reserve Warrant Officer * Orders to Active Duty as a Warrant Officer One (WO1) * Promotion Orders to CW2 * Promotion Orders to CW3 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. Applicant states that he served in a dual status and that according to a U.S. Army Reserve representative his records only included his time as a noncommissioned officer and he could not locate copies. He is submitting his application more than three years since the error, because he could not locate copies of his orders and physical and mental problems hindered his ability to be persistent in solving this issue. He got divorced and nearly lost his home. He recently learned that his records were in hardcopy form and not in the system. He did not seek medical and mental healthcare. 3. Applicant’s service record shows the following: * On 31 March 1981, he was ordered to active duty while serving in the grade of WO1; His active duty commitment was 48 months. * On 10 March 1983 he was promoted to CW2 while serving at Fort Stewart, GA * On 15 October 1988, while serving as a CW2, he was honorably released from active duty * His DD Form 214 (Certificate of Release or Discharge from Active Duty), at Block 28 (Narrative Reason for Separation) states “Failure of Selection—Temporary Promotion” * On 16 October 1988 he enlisted in the Regular Army as a sergeant/E-5 * He was promoted to staff sergeant/E-6 on 1 July 1989 * On 6 March 1991 he was promoted to CW3 in the U. S. Army Reserve. * On 9 September 1994, he completed and signed a DA Form 2339 (Application for Voluntary Retirement); the form noted that the highest grade in which he had served on active duty was “CW2” * On 31 March 1995 he retired for length of service. Block 18 (Remarks) of his DD Form 214 directed that his retired list grade be “CW2.” 4. AR 600-39 covers policy for enlisted personnel and warrant officer personnel holding dual status in both the Active Army and the Army Reserve. Enlisted members holding a U.S. Army Reserve Warrant Officer status may retire in a Warrant Officer grade in accordance with Title 10, USC, section 1293. 5. Title 10, USC, section 1293, in effect at the time, allows the Secretary concerned, upon the warrant officer’s request, to retire a warrant officer of any armed force under his jurisdiction who has at least 20 years of active service. 6. Title 10, USC, section 1371, in effect at the time, states that unless entitled to a higher 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the documentary evidence presented by the applicant and found within the military service record of the applicant, the Board concluded there is insufficient evidence to show that the applicant honorably served in the rank of CW3. For that reason, the Board found insufficient evidence to make a change to the applicant’s record. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-39, Personnel—General—Dual Component Personnel Management Program, in effect at the time, covers policy for enlisted personnel and warrant officer personnel holding dual status in both the Active Army and the Army Reserve. Paragraph 32b states that enlisted members holding a United States Army Reserve Warrant Officer status may retire in a Warrant Officer grade in accordance with Title 10, USC, section 1293. 3. Title 10, USC, section 1293, in effect at the time, allows the Secretary concerned, upon the warrant officer’s request, to retire a warrant officer of any armed force under his jurisdiction who has at least 20 years of active service. 4. Title 10, USC, section 1371, in effect at the time, states that unless entitled to a higher 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. ABCMR Record of Proceedings (cont) AR20160014540 3 1