IN THE CASE OF:  

		BOARD DATE:  27 February 2020

		DOCKET NUMBER:  AR20180009573


APPLICANT REQUESTS:  In effect, advancement to chief warrant officer 3 (CW3) on 
the retired list under the provisions of Title 10, U.S. Code, Section 3964.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Letter from Army Grade Determination Review Board (AGDRB)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code, section 1552(b); however, the ABCMR 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.  The applicant states that although he did not fulfill the two-year active duty service 
obligation prior to retirement, he was improperly counseled during his out processing 
that no administrative requirements were due on his part prior to retirement in order to 
be advanced on the Retired List after he reached 30 years of combined service.  The 
punishment is excessive therefore unjust due a process that was presented to him as 
automatic upon reaching the 30 year mark, but being informed now that a waiver should 
have been submitted.  He respectfully requests to reverse the decision and permit him 
to be advanced on the Retired List.

3.  On 2 July 1998, the applicant was appointed a Reserve Warrant Officer of the Army.  

4.  The applicant was promoted to CW2 effective 2 July 2000.

5.  On 17 May 2005, the applicant was promoted to CW3 with an effective date of
1 June 2005.  

6.  Orders 152-0001, dated 1 June 2005, the applicant was retired from active duty 
effective 1 April 2006, in the grade of CW2.
7.  On 31 May 2018, the Board Recorder with the AGDRB, notified the applicant his 
request to be advanced on the Retired List to the grade of CW3 was denied.  It was 
determined the applicant was not eligible because he did not fulfill the two-year active 
duty service obligation prior to voluntary non-disability retirement.  The applicant did not 
request a wavier for his service obligation, as such, he was not in a promotable status 
due to his retirement.

8.  Title 10, U.S. Code, section 3964 applies to warrant officers of the Army; enlisted 
members of the Regular Army; and reserve enlisted members of the Army who, at the 
time of retirement, are serving on active duty.  It states each retired member of the Army 
who is retired with less than 30 years of active service is entitled, when his active 
service plus his service on the retired list totals 30 years, to be advanced on the retired 
list to the highest grade in which he served on active duty satisfactorily (or, in the case 
of a member of the National Guard, in which he served on full-time duty satisfactorily), 
as determined by the Secretary of the Army.

9.  Army Regulation 15-180 (Army Grade Determination Review Board and Grade 
Determinations), paragraph 2-4c, states that for a warrant officer to be retired at the 
highest warrant grade in which they served after a total of 30 years active service and 
on the retired list, they must have served satisfactorily for 31 days or more active 
service in the higher warrant officer grade.

BOARD DISCUSSION:

After reviewing the application, the supporting documents, the records, applicable 
regulations and laws, and the facts above, the Board found that relief is warranted as 
recommended in the Board Determination and Recommendation below.

?
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:XXX	:XXX	:XX	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 advancing him on the 
retired list to the rank of chief warrant officer three (CW3) effective the date in 2016 
when his active service plus his service on the retired list totals 30 years.


		  
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, United States Code, section 1552(b), provides that applications for 
correction of military records must be filed within 3 years after discovery of the alleged 
error or injustice.  This provision of law also allows the ABCMR to excuse an applicant's 
failure to timely file within the 3 year statute of limitations if the Army Board for 
Correction of Military Records (ABCMR) determines it would be in the interest of justice 
to do so.

2.  Title 10, U.S. Code, section 3964 applies to warrant officers of the Army; enlisted 
members of the Regular Army; and reserve enlisted members of the Army who, at the 
time of retirement, are serving on active duty.  It states each retired member of the Army 
who is retired with less than 30 years of active service is entitled, when his active 
service plus his service on the retired list totals 30 years, to be advanced on the retired 
list to the highest grade in which he served on active duty satisfactorily (or, in the case 
of a member of the National Guard, in which he served on full-time duty satisfactorily), 
as determined by the Secretary of the Army.

3.  Army Regulation 15-180 (Army Grade Determination Review Board and Grade 
Determinations), paragraph 2-4c, states that for a warrant officer to be retired at the 
highest warrant grade in which they served after a total of 30 years active service and 
on the retired list, they must have served satisfactorily for 31 days or more active 
service in the higher warrant officer grade.


//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20180009573


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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