MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  8 August 2000
	DOCKET NUMBER:  AR2000038848

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Ronald E. Blakely		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS: That her records be corrected to show a date of rank (DOR) of 1 July 1999.

APPLICANT STATES: In effect, that she failed to meet the security requirements at the time of her promotion date; therefore, she was required to wait until she met the requirements.  She also states she asked about the security well in advance of her promotion date but was told she did not need one.

EVIDENCE OF RECORD:  The applicant's military records show:

The Calendar Year (CY) 1999 Master Sergeant (MSG) (E-8) Selection Board selected the applicant for promotion.  Promotions were made through her sequence number on 1 July 1999.

On 1 July 1999, it was determined that she did not meet the requirements for promotion, based on not meeting the security requirements.

On 28 October 1999, she was granted a secret clearance and she was promoted to pay grade E-8.

On 24 April 2000, the Commander, Personnel Command (PERSCOM) opined that she was not fully qualified for promotion to pay grade E-8 until meeting the security requirements.

On 28 April 2000, the PERSCOM opinion was furnished to the applicant for her acknowledgment/rebuttal.  She did not respond.

Army Regulation 600-8-19 indicates, in pertinent part, that promotions to pay grade E-8 and E-9 require a favorable National Agency Check or a security clearance of secret or higher.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  The individual concerned did not meet the requirements for promotion to pay grade E-8 at the time promotions were made through her sequence number. 

2.  As a senior non-commissioned officer, the applicant knew, or should have known the requirements for promotion to MSG, and failed to qualify on her own volition.

3.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__sk___  ___ja____  ___rb_____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000038848	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000808	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.131	Prom to E8	
2.		
3.		
4.		
5.		
6.