RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  24 February 2004
	DOCKET NUMBER:  AR2003089899

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Lawrence Foster		Member	
	Ms. Margaret V. Thompson		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests correction to his date of rank for first lieutenant from 16 January 2003 to 26 August 2002.

2.  The applicant states that his unit misplaced his personnel file for approximately 7 months and he had submitted his promotion qualification package approximately 3 months prior to his initial promotion date of 26 August 2002.  He also states that he made daily telephone calls concerning this matter up until the time he got promoted.

3.  The applicant provides a copy of his ARPC Form 155-R (Promotion Qualification Statement).

CONSIDERATION OF EVIDENCE: 

1.  The applicant's military records show that he was separated from the Michigan Army National Guard (MI ARNG) in the pay grade of E-6, effective 25 August 2000.

2.  The applicant was appointed in the MI ARNG as a second lieutenant effective 26 August 2000.  He completed the required branch officer basic course effective 8 May 2001.

3.  The applicant was separated from the MI ANRG effective 30 April 2002 and transferred to the USAR Control Group (Reinforcement).

4.  Based on the required 2 years time in grade, his maximum time in grade for promotion to first lieutenant was 25 August 2002.

5.  The applicant's ARPC Form 155-R dated 1 June 2002, verified and completed by his unit commander shows that he was awarded a secret security clearance effective 21 April 1999 and met all other requirements for promotion to first lieutenant.

6.  A Promotion Memorandum dated 13 February 2003, was issued to the applicant indicating his promotion effective date and date of rank for first lieutenant was 16 January 2003.

7.  In a Memorandum for Record dated 13 February 2003, the Chief, Military Personnel Actions Branch, Army Reserve Personnel Command (AR-PERSCOM) stated that the applicant could not be promoted on his promotion eligibility date of 25 August 2002, because all promotion qualifications were not met.  The effective date of promotion is 16 January 2003, in accordance with Army Regulation 135-155.
8.  The Military Personnel Actions Branch, Army Reserve Personnel Command, expressed the opinion that promotion of a second lieutenant to first lieutenant is an administrative action in accordance with Army Regulation 135-155 and Title 10, United States Code, chapter 1405.  Action can be completed after a review of the officer's records verifying he/she met the prescribed criteria.  The applicant, unfortunately, did not meet promotion qualifications due to not having a valid security clearance until 16 January 2003.  This determined the effective date of promotion in accordance with the regulation cited above.  Based on this information it was recommended the application be denied.

9.  The opinion was forwarded to the applicant for his acknowledgment/rebuttal on 21 August 2002.  He did not respond.

10.  Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that an officer in the grade of second lieutenant will be considered for promotion without review by a promotion selection board.  The officer's records will be screened to determine eligibility for promotion to first lieutenant far enough in advance to permit promotion on the date promotion service is completed.  The officer must have undergone a favorable security screening to be eligible for the appointment and promotion. 

11.  Title 10, United States Code, chapter 1405 (Promotions) specifies that officers to be promoted to the grade of first lieutenant shall be promoted in accordance with regulations prescribed by the Secretary of the military department concerned.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant is entitled to correction of his date of rank for promotion to first lieutenant to 25 August 2002.  The applicant was not advised until 13 February 2003 that he could not be promoted at his promotion eligibility date because all promotion qualifications were not met, i. e., security clearance.

2.  The applicant was appointed a second lieutenant effective 26 August 2000, with a favorable security clearance.  The applicant's unit commander at the time verified on 1 June 2002, that the applicant possessed a valid security clearance and met all other requirements for promotion to first lieutenant on his promotion eligibility date of 25 August 2002.  Through no fault of the applicant, his security clearance was not granted until 16 January 2003.  The applicant’s actions did not contribute to the unreasonable delay and he should not be penalized by a late promotion.

3.  Pertinent regulations show a security clearance is a condition of appointment and promotion and the applicant was eligible for promotion to first lieutenant, as early as 25 August 2002.  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.

BOARD VOTE:

__ro___  ___lf__  ___mt_____  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the individual concerned was promoted to first lieutenant with a promotion effective date and date of rank of 25 August 2002, with entitlement to back pay and allowances based on this adjustment.

		__Raymond V. O’Connor, Jr. _____
		        CHAIRPERSON

INDEX

CASE ID	AR2003089899	
SUFFIX		
RECON		
DATE BOARDED	20040224	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	131.04	
3.	131.05	
4.		
5.		
6.