PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           12 August 2003                  
	DOCKET NUMBER:   AR2003087560

	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. Ted S. Kanamine		Chairperson	
	Mr. William D. Powers		Member	
	Mr.. Frank C. Jones, II		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.

3.  The applicant states that he should have been promoted to first lieutenant in January 2000.  He was commissioned on 29 May 1998 with over 17 months of constructive service credit and completed the officer basic course (OBC) in January 2000.  In May 1999, he was informed that he had no security clearance and applied for it twice.  He applied for his security clearance the third time in June 2000 and was advised that an interim clearance would be available by November 2000.  He was promoted to first lieutenant in January 2002, with a date of rank of May 2001.  In support of his application he submits copies of his appointment memorandum, his OBC completion certificate, his Notification of Suspended Promotion Status memorandum, and copies of his security clearance applications dated 27 July 1999 and 23 June 2000.

4.  The applicant’s military records show that he was appointed in the Reserve, Army Nurse Corps, as a second lieutenant effective 29 May 1998, with 1 year, 5 months and 7 days constructive service credit.  The applicant submitted his first security clearance application on 27 July 1999.

5.  On 12 June 2000, the Chief, Military Personnel Actions Branch, Army Reserve Personnel Command (AR-PERSCOM), advised the applicant and his command that he was not in a promotable status because he did not possess a valid security clearance.  It was also requested that verification of a valid security clearance be completed by 12 August 2000 to ensure promotion of the applicant in a timely manner.

6.  In a Memorandum for Record dated 17 January 2002, the Chief, Military Personnel Actions Branch, states that the applicant could not be promoted at his promotion eligibility date of 21 February 1998, because all promotion qualifications were not met.  He was promoted when all requirements were met.  The date of rank and effective date of his promotion was 8 May 2001 (Security Clearance Date).

7.  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. 

8.  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 22 January 1999.  The applicant was not advised until May 1999 that he had no security clearance and submitted his required security clearance application on 27 July 1999.

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 29 May 1998.  Through no fault of the applicant, his security clearance was not granted until 18 May 2001.  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 with 1 year, 5 months and 7 days, he was eligible for promotion to first lieutenant as early as 22 January 1999.  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 22 January 1999, with entitlement to back pay and allowances.

BOARD VOTE:  

__FCJ___  _WDP___  _TSK___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		     _Ted S. Kanamine___
		        CHAIRPERSON

INDEX

CASE ID	AR2003087560	
SUFFIX		
RECON		
DATE BOARDED	20030912	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	131.01	
3.		
4.		
5.		
6.