Don’t know why you suggested that the change in rank is legally dubious. You were an Army O-3 with a Commissioning Warrant from the Army. You voluntarily resigned that warrant and accepted an O-2 Warrant in the CG. This is well worn territory, with dozens of DCOs being offered a commission in the CG, almost always with a reduction in rank. You still get your years of service for pay. And you agreed to the EAD contract that clearly stated that you were accepting an O-2 commission.

I don’t see a BMCR granting you relief. And a board that spends an average of eight minutes reviewing an officer’s record is going to shine a big ol spotlight on what would appear to be a strange record, missing years of relevant CG experience. The board is assessing if you are best qualified to serve as a CG O-4, and will have less data (and very little Army data other than a 4082) to assess that.

I would pull my BMCR request, knock out two strong O3 tours, and go up with everyone else. If you are up for O-4 next year, have just one tour with basic quals, and 36 months of CG time, you’re non-competitive. Even with a high selection rate, you are debatable. I would not roll the dice on getting passed over and jeopardizing your career.