MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:           6 November 2003                  
	DOCKET NUMBER:   AR2003086510

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Mae M. Bullock		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:  The effective date of his promotion to first lieutenant be corrected to 22 December 2001.

APPLICANT STATES:  He states that he was not promoted on his promotion eligibility date (PED) through no fault of his own.  When he was appointed, his unit neglected to initiate a security clearance.  In support of his request he submits copies of his 11 December 1999 appointment memorandum and the accompanying oath of office, an accounting of his Reserve retirement points, a 15 October 2002 Memorandum for Record explaining that he could not be promoted on his PED because he had no security clearance but was promoted effective 4 September 2002, his 15 October 2002 promotion memorandum and a Soldier Management System-Contact and Cases printout, dated 21 March 2003.

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

Following active duty enlisted service in the Marine Corps (USMC) and Regular Army and Reserve service in the USMC Reserve, the Army National Guard and the Army Reserve (USAR) he was appointed a USAR second lieutenant on 22 December 1999.

He was promoted to first lieutenant, effective 4 September 2002.  A 15 October 2002 Memorandum for the Record (MOR) states that the applicant could not be promoted on his PEB of 21 December 2001, "because all promotion qualifications were not met."  

The 21 March 2003 Soldier Management System printout shows that his promotion file was suspended due to the absence of an appointment letter and a security clearance.  The 94th Reserve Support Command was notified.  It was suspended again on 5 April 2002 for the same reasons, plus his physical was now outdated.  On 7 October 2002 the MOR was prepared.

Army Regulation 135-100, Appointment of Officers and Warrant Officers of the Army, specifies that each applicant for appointment as a commissioned officer must have a secret security clearance before an appointment may be tendered except that lawyers, medical department professionals and clergy may be tendered an appointment based upon a statement that a security clearance request has been initiated.

Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  It was published on 24 October 2001 and became effective 2 November 2001.  The regulation specifies that an officer who has been recommended for promotion to the next higher grade must have undergone a favorable security screening.  Paragraph 4-13 of this regulation also specifies that promotion authorities will ensure that a favorable security screening is completed before announcing a promotion.  This regulation did not change the previous regulation on this issue.

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

1.  In view of the all the circumstances in this case, the applicant is not entitled to adjustment to his date of rank as a first lieutenant.  He has not shown the existence of error, injustice, that would serve as a basis for the relief he now requests.

2.  His promotion was delayed because his record was deficient.  He could not, by regulation, be promoted until the deficiencies were corrected.  His promotion was effective on the date his security clearance was granted.

3.  His contention, that the promotion was delayed through no fault of his own, has been noted.  However; neither the applicant, his unit nor the 94th Reserve Support Command provided any illuminating details nor substantiating evidence to support that contention.  It is not known, for instance, when he completed his part of the paperwork for the security clearance screening.  

4.  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.

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

__SK ___  ___RJW _  ___MMB   DENY APPLICATION

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

INDEX

CASE ID	AR2003086510	
SUFFIX		
RECON		
DATE BOARDED	20031106	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.