MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           19 November 2002                  
	DOCKET NUMBER:   AR2002074359

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Sherri V. Ward		Member	
	Mr. Melvin H. Meyer  		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 his effective date of rank to master sergeant (MSG) (E-8) be changed from 30 November 2001 to 1 November 1999.

APPLICANT STATES:  In effect, that he was precluded from receiving his promotion to MSG as a result of an inordinate delay in the processing of his security clearance.  He states that he should not be penalized for the delay caused by a backlog in that processing.  He indicates that he has been serving as a first sergeant (1SG) during the time he was waiting for his clearance and promotion.

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

The applicant entered active duty on 21 April 1982 and has had continuous service through the current time.  He was promoted to sergeant first class (SFC) (E-7) in 1993.  

The applicant was selected for promotion to MSG on 8 April 1999 with a sequence number of 201.

On 21 December 1999, the applicant's squadron commander requested that the applicant be frocked to the rank of first sergeant (1SG), effective 14 January 2000.  The request indicates that the applicant would be serving as the 1SG for D Troop, 4th Squadron, 7th Cavalry Regiment.  The regimental commander recommended approval with an effective date of 27 January 2000.

There is no documentation on the outcome of this request, however, the applicant's noncommissioned officer evaluation reports (NCOER) for 2000 and 2001 show his rank as SFC (1SG).  The USA Sergeants Major Academy service school academic evaluation report, dated June 2001, shows his grade as 1SG as do two subsequent recommendations for awards.

On 31 July 2000, the regimental commander submitted a request for an immediate reinstatement of the applicant's security clearance.  This commander states, "I have reviewed all of the documentation that led to, as well as those subsequent to, the revocation of his clearance and fully believe there is no current basis for denying him access."

The record shows that the applicant was promoted to MSG on 3 December 2001 with an effective date of 30 November 2001.

The applicant's file contains no indication of when the applicant received any security clearance except the 30 November 2001 local agency check (LCD).  Nor is there any documentation of a revoking of or restriction of his security clearance except for the 21 July 2000 memorandum.
In the development of this case, an advisory opinion was obtained from the Deputy Chief, Promotions Branch.  That opinion states that the applicant's date of promotion was correct since the applicant did not have the required security clearance until the 30 November 2001.  Denial of the request was recommended.

A copy of the advisory opinion was forwarded to the applicant on 6 August 2002. There is no indication of a response or rebuttal from him.

Army Regulation 600-8-19 (Enlisted Promotions) contains the policies and procedures pertaining to enlisted promotions.  Paragraph 1-16 provides the policy and security clearance prerequisites for promotion.  Paragraph 1-16a states that promotion to MSG and SGM (sergeant major) requires a favorable National Agency Check, a Local Agency Check, and Credit Check (NACLC) or a security clearance of secret or higher.  Paragraph 1-16b states that for promotion to SPC (specialist) through SFC require the clearance required by the promotion MOS or an interim clearance at the same level.

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, it is concluded:

1.  The applicant's record contains an indication that he had previously been granted a clearance and that the clearance was revoked.

2.  Therefore, the evidence shows that the applicant was not fully eligible for promotion to MSG until he was granted the security clearance in November 2001.  

3.  The record contains no evidence to suggest the applicant pursued obtaining a security clearance until after he had missed his original promotion date despite knowing that a security clearance was a prerequisite to being promoted.  

4.  In the absence of evidence to the contrary, this Board must apply the presumption of regularity in governmental affairs.  There is nothing in available records or in the evidence submitted by the applicant to overcome this presumption.

5.  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

__JNS___  __SVW__  ___MHM   DENY APPLICATION

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

INDEX

CASE ID	AR2002074359	
SUFFIX		
RECON		
DATE BOARDED	20021119	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.04	
2.	131.05	
3.		
4.		
5.		
6.