PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            24 July 2003                  
	DOCKET NUMBER:   AR2003086491

	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 his date of rank for first lieutenant to 16 January 2001.

3.  The applicant states that he was denied correction to his date of rank because he did not have a security clearance on file by his promotion eligibility date.  The lack of a security clearance was due to no fault of his own.  He also states that his unit failed to submit a request immediately upon his appointment as an officer as required.  In support of his request he submits a copy of his appointment memorandum.

4.  The applicant’s military records show that he was appointed in the Reserve, Medical Corps, as a second lieutenant effective 15 November 1999, with 9 months and 29 days constructive service credit.  

5.  Based on award of his constructive service credit, his promotion eligibility date for first lieutenant was 6 January 2001.

6.  In a Memorandum for Record dated 12 December 2002, the Chief, Military Personnel Actions Branch, states that the applicant could not be promoted at his promotion eligibility date of 15 January 2001, because all promotion qualifications were not met.  He was promoted when all requirements were met with the effective date of 9 December 2002, in accordance with Army Regulation 135-155, paragraph 4-8.

7.  The records provided to the Board do not contain a memorandum from the Chief, Reserve Appointments, Total Army Personnel Command, advising the applicant’s unit that the unit must initiate his security clearance.

8. 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.  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.  

9.  The Reserve Officer Personnel Management Act (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. 

10.  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 his date of rank for promotion to first lieutenant to 6 January 2001.  

2.  The Board notes that the Chief, Reserve Appointments, Total Army Personnel Command normally notifies appointed officer’s units of their responsibility to initiate a security clearance and the applicant’s unit should have been made aware as early as his appointment date of 15 November 1999.  Through no fault of the applicant, his security clearance was not granted until 9 December 2002.  The applicant’s actions did not contribute to the unreasonable delay and he should not be penalized by a late promotion.

3.  The Board also notes that with the applicant’s constructive service credit of 9 months and 29 days, he was eligible for promotion to first lieutenant, as early as 6 January 2001.  Through no fault of his 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 6 January 2001, with entitlement to back pay and allowances.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003086491	
SUFFIX		
RECON		
DATE BOARDED		
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.