IN THE CASE OF: 
BOARD DATE: 11 January 2023 
DOCKET NUMBER: AR20220005978 


APPLICANT REQUESTS:  correction of his date of rank to Chief Warrant Officer Three (CW3) to reflect a date prior to 9 November 2009. A personal appearance before the Board. 

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 

•DD Form 149 (Application for Correction of Military Record)

•Orders Number B-11-907284, 6 November 2009



FACTS: 

1.The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code(USC), section 1552(b); however, the Army Board for Correction of Military Records(ABCMR) conducted a substantive review of this case and determined it is in theinterest of justice to excuse the applicant's failure to timely file.

2.The applicant states in pertinent part, while assigned to D Company, 8th Battalion,229th Aviation Regiment, he held the position of Aviation Maintenance Officer at therank of Chief Warrant Officer Two (CW2). In accordance with Army Regulation (AR)135-155 (Promotion of Commissioned Officers and Warrant Officers Other ThanGeneral Officers), Active Guard/Reserve (AGR) warrant officers serving in a position ofhigher grade who have been selected by a Department of the Army selection board canbe promoted prior to their six-year time in grade anniversary date.

3.A review of the applicant's available service records reflects the following:

a.On 9 November 2001, having had prior enlisted service in the U.S. Navy and theU.S. Army Reserve (USAR), the applicant was appointed as a Reserve warrant officer and executed an oath of office.   



b.DD Form 214 (Certificate of Release or Discharge from Active Duty), ending


18 August 2003 reflects an honorable release from active duty for completion of period of active-duty training.  

(1)Item 12 (Record of Service) reflects service from 22 July 2002 to


8 August 2003 with a net active service this period of 1 year and 17 days. 

(2)Item 14 (Military Education) reflects Initial Entry Rotary Wing Course,


36 weeks, 2003// Warrant Officer Basic Course, 4 Weeks, 2003. 

c.DD Form 214, ending 20 January 2004 reflects a release from active duty for


completion of period of active-duty training. 

(1)Item 12 reflects service from 4 October 2003 to


20 January 2004 with a net active service this period of 3 months and 17 days. 

(2)Item 14 reflects AH-64 Aviation Qualification Course, 14 weeks, 2004.

d.On 9 June 2004, the Department of the Army, U.S. Army Human Resources


Command (HRC) issued Memorandum for promotion as a Reserve Commissioned Warrant Officer of the Army to CW2, effective 8 November 2003. 

e.DD Form 214, ending 18 December 2005 reflects an honorable release fromactive duty for completion of required active service. Item 12 reflects service from  


6 June 2004 to 18 December 2005 with a net active service this period of 1 year, 6 months, and 13 days. 

f.On 6 November 2009, HRC issued Orders Number B-11-907284 promoting himto the rank of CW3, effective on with a date of rank of 9 November 2009. 

g.On 3 September 2015, HRC issued Memorandum for Notification of Eligibility forRetired Pay at Non-Regular Retirement (20-Year Letter). 

h.On 10 November 2015, HRC issued Orders Number B-11-505437 promoting himto the rank of Chief Warrant Officer Four (CW4), effective on with a date of rank of 
9 November 2015. 

i.On 9 April 2018:

(1)HRC issued Orders Number C-04-804293 releasing him from B Company,2nd Battalion, 228th Aviation Regiment and attaching him to Fort Benning, GA for separation processing. 

(2)HRC issued Orders Number P-04-890073 honorably retiring him from theUSAR, effective 31 August 2018 with total active service of 21 years, 11 months, and 5 days. 

j.DD Form 214, ending 31 August 2018 reflects an honorable retirement by reasonof sufficient service for retirement. Item 12 reflects service from 29 January 2007 to 
31 August 2018. Item 4a (Grade, Rate or Rank) shows CW4. 

4.On 13 October 2022, HRC, Chief, Officer Promotions Board Announcements,Support, and Promotion Orders provided an advisory opinion stating:

a.Based on a review of the information provided, our records, laws, and regulations,policies, and the systems available to HRC Officer Promotions, we cannot determine if merit is probable due to a lack of documents. 

b.In order to establish probability of reasonable chance of adjusting his CW3 date


of rank prior to 9 November 2009, the following additional document is required, unit manning report/modified table of organization and equipment/table of distribution and allowances (UMR/MTOE/TDA); we also recommend that he include any additional allied documents to support or validate the assignment to a CW3 or higher position at the time the promotion board results were approved and released. 

5.On 18 October 2022, the applicant was provided with a copy of the advisory opinionto provide a response. He provided a rebuttal stating, in pertinent part, that he has triedreaching out for the MTOE and UMR as noted by the advisory from HRC. Additionally,he contacted the Warrant Officer Career Manager of the Army Reserves, but he wasunable to pull the information due to the unit no longer existing. At the time, he workedin the Maintenance Manager and Company Officer position his rank was a CW2 and theUMR listed it as a CW3 or higher.


BOARD DISCUSSION: 

1.After reviewing the application, all supporting documents, and the evidence foundwithin the military record, the Board found that relief was warranted. The Board carefullyconsidered the applicant's record of service, documents submitted in support of thepetition and executed a comprehensive and standard review based on law, policy andregulation. Upon review of the applicant’s petition, available military records and U.S.Army Human Resources Command (HRC) – Officer Promotions Board AnnouncementsSupport and Promotion Orders advisory opinion, the Board noted the advising officialopine stating additional information is required to adjust the applicant’s date of rank.However, the Board determined the applicant’s exhausted all administrative remedies,in an attempt to provide his unit MTOE and UMR as requested by HRC. The Boardrecognizes his unit has been deactivated since his time being assigned.

2.During deliberation, the Board agreed the applicant, based on his promotion orders(B-11_907284) was promoted to Chief Warrant Officer Three (CW3) with an effectivedate of 6 November 2009. The Board determined there is sufficient evidence to reflect the applicant was promoted and served in a valid CW3 position. Furthermore, the Board found the applicant successfully served in his position and was further promoted to CW4 with an effective date of 10 November 2015. Based on the evidence provided by the applicant and documentation in his service record, the Board granted relief to correct the applicant’s date of rank to Chief Warrant Officer Three (CW3) as shown on his promotion orders. 

3.The applicant’s request for a personal appearance hearing was carefully considered.In this case, the evidence of record was sufficient to render a fair and equitabledecision.  As a result, a personal appearance hearing is not necessary to serve theinterest of equity and justice in this case.


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 the Army records of the individual concerned be adjusted to show his date of rank (DOR) to Chief Warrant Officer Three (CW3)  as 6 November 2009.  Recommend DFAS–IN determined exact arrears if any payments are due. 


Microsoft Office Signature Line...
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 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 ABCMR determines it would be in the interest of justice to do so. 
 
2.  AR 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) section 4-21d, states Promotion of AGR officers. 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 Time in Grade or the date on which assigned/attached to a position in the higher grade, whichever is earlier. 
 
3.  AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 
 
//NOTHING FOLLOWS//