PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           24 July 2003                  
	DOCKET NUMBER:   AR2003086489

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

	Mr. Carl W. S. Chun		Director	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Yolanda Maldonado		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction to her date of rank for first lieutenant to 5 August 2001.

3.  The applicant states that she was denied her correct date of rank because no security clearance was on file for her as of her promotion eligibility date.  The lack of a security clearance was due to no fault of her own.  She also states that her unit failed to submit a request immediately upon her appointment as an officer as required.  In support of her request she submits copies of her appointment memorandum, her Oath of Office, her Service School Academic Evaluation Report and a memorandum dated 26 May 2000, to her unit regarding her security clearance.

4.  The applicant’s military records show that she was appointed in the Reserve, Medical Corps, as a second lieutenant effective 15 March 2000, with 7 months and 10 days constructive service credit.  

5.  Based on award of her constructive service credit, her promotion eligibility date for first lieutenant was 5 August 2001.

6.  On 26 May 2000, the Chief, Reserve Appointments, Total Army Personnel Command, advised the applicant’s unit that the unit must initiate her security clearance.

7.  She was awarded a security clearance effective 12 December 2002 and promoted to first lieutenant.

8.  The Military Personnel Actions Branch, Army Reserve Personnel Command, expressed the opinion that the applicant was appointed effective 15 March 2000. Constructive service credit is service credit awarded to certain officers when determining an officer’s grade and rank within grade at the time of appointment.  It is used primarily when considering officers whose skills requires advanced academic education or professional experiences.  The applicant was credited with 7 months and 10 days constructive service credit.  The calculation adjusts the appointment to 4 August 2001 with 2 years time in grade.  Under the Reserve Officer Personnel Management Act (ROPMA), all commissioned officers are required to have a valid security clearance.  The applicant was not awarded a valid security clearance until 12 December 2002.  In view of the foregoing, it was determined that the applicant’s date of rank is 12 December 2002.

9.  The opinion was forwarded to the applicant for her acknowledgment/rebuttal on 28 April 2003.  She did not respond.

10.  Army Regulation 135-101, prescribes the policies, procedures and eligibility criteria for appointment of commissioned officers in the Reserve, in the six branches of the Army Medical Department (AMEDD).  This regulation provides that officers will be granted constructive service credit for periods of professional training and experience accrued after receipt of the basic qualifying degree.  

11.  The ROPMA, a public law enacted by Congress on 5 October 1994, prescribes the policies and procedures to consolidate and modernize the laws that govern Reserve Component officers. The law was implemented on 1 October 1996.  ROPMA specifies that a second lieutenant will be considered for promotion to first lieutenant prior to reaching 24 months of commissioned service so that he/she can be promoted timely upon reaching 24 months of service.  The officer must have undergone a favorable security screening to be eligible for the promotion. 

12.  Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that promotion authorities will ensure that a favorable security screening is completed before announcing a promotion.

CONCLUSIONS:

1.  The applicant is entitled to correction of her date of rank for promotion to first lieutenant to 5 August 2001.  

2.  The Board notes that the applicant’s unit was made aware on 8 December 2000 of their responsibility to initiate her security clearance.  Through no fault of the applicant, her security clearance was not granted until 12 December 2002.  The applicant’s actions did not contribute to the unreasonable delay and she should not be penalized by a late promotion.

3.  The Board also notes that with the applicant’s constructive service credit of 7 months and 10 days, she was eligible for promotion to first lieutenant as early as 5 August 2001.  Through no fault of her own the applicant was not timely promoted to first lieutenant.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned was promoted to first lieutenant effective 5 August 2001, with entitlement to back pay and allowances.

BOARD VOTE:  

_AAO___  _YM____  _JPI____   GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__  Arthur A. Omartian___
		        CHAIRPERSON

INDEX

CASE ID	AR2003086489	
SUFFIX		
RECON		
DATE BOARDED	20030724	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	131.05	
3.		
4.		
5.		
6.