PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           23 October 2003                  
	DOCKET NUMBER:   AR2003090375

	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:

	Ms. Joann H. Langston 		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Arthur A. Omartian		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 major to 1 December 2001.

3.  The applicant states that his current records show his date of rank as 21 January 2003 and the Total Army Personnel Command (PERSCOM) memorandum shows his promotion effective date and date of rank as 1 December 2001.  In support of his application he submits copies of the promotion memorandum from PERSCOM, his promotion memorandum for major, and a memorandum of support from his commander.

4.  The applicant’s military records show that he was appointed in the Reserve as a second lieutenant effective 22 May 1989 and entered on active duty the same date.  He was promoted to first lieutenant effective 18 May 1991.

5.  He was separated from active duty effective 29 September 1992 and transferred to the USAR Control Group (Reinforcement).

6.  He was appointed in the Idaho Army National Guard (IDARNG) effective 10 March 1994.  He was promoted to captain effective 2 December 1994.  Based on the required 7 years time in grade, his maximum time in grade (MTIG) date for promotion to major was 1 December 2001.

7.  He was considered and selected for promotion to major by the 2001 Reserve Components Selection Board (RCSB), which convened on 6 March and recessed on 5 April 2001.  The President approved the board results on 27 June 2001.

8.  He was separated from the IDARNG effective 31 March 2002, transferred to a Reserve troop program unit (TPU), and assigned to a major’s position effective 1 April 2002.

9.  He was promoted to major with a promotion effective date and date of rank of 21 January 2003.

10.  In a memorandum dated 22 October 2003, the applicant’s commander states that there was a delay in confirming the applicant’s current security clearance.  After several attempts and forwarding the applicant’s security application directly to the Inspector General, his promotion orders were issued on 21 January 2003.  The applicant and his unit were advised on 12 December 2002, that his previous clearance granted effective 21 November 1994 was valid and the only updated information need was his name and social security number to allow his promotion to go through.  The commander also states that the applicant met all requirements for promotion to major on 1 April 2002.

11.  The Chief, Special Actions Branch, Office of Promotions, Reserve Components, PERSCOM, expressed the opinion that the applicant was promoted to captain on 2 December 1994 and promotion to major required 7 years time in grade.  The applicant’s promotion eligibility was 1 December 2001.  He was considered and recommend for promotion to major by the 2001 RCSB as a NG officer.  The applicant received a select letter with an effective date of 1 December 2001.  On 31 March 2002, the applicant separated from the IDARNG and was transferred to a Reserve TPU.  The Office of Promotions, Reserve Components does not have the authority to promote officers assigned to TPU’s.  To be promoted in a TPU, an officer must be assigned to the higher grade position, have a current date for height and weight standards, updated security clearance and have passed the Army Physical Fitness Test.  Applicant was issued promotion orders by the TPU office, Army Reserve Personnel Command to major with a date of rank of 21 January 2003.  Based on this information, recommend coordination with the TPU officer to determine if officer is eligible for earlier date of rank.

12.  The advisory opinion was forwarded to the applicant for acknowledgement/
rebuttal on 23 July 2003.  He did not respond.

13.  Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  The regulation specifies that in order to be qualified for promotion to major an individual must have completed 7 years of MTIG as a captain.  TPU officers selected by a mandatory board will have a promotion effective date and rank of rank no earlier than the date the board is approved provided they are assigned to a position in the higher grade.  When the board approval is before assignment to the higher graded position, the effective date and the date of promotion will be the date of assignment to the higher graded position.

14.  This regulation also 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 promotion effective date and date of rank for promotion to major 1 April 2002, the day after his transfer to a Reserve TPU major's position.

2.  It is noted that the Chief, Reserve Appointments, Total Army Personnel Command notifies appointed officer’s units of their responsibility to initiate a security clearance.  In this case, upon the applicant’s transfer to his unit, his unit immediately forwarded his promotion qualification statement for confirmation of 

his current security clearance.  Several months later the applicant and his unit were advised that his previous clearance was valid.  After several delays and through no fault of the applicant, his promotion orders were issued on 21 January 2003.

3.  The applicant’s selection by the 2001 RCSB, assignment to a major’s position, and valid security clearance, established that he was eligible for promotion to major on 1 April 2002.  Through no fault of his own the applicant was not timely promoted to major.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was promoted to major with a promotion effective date and date of rank of 1 April 2002, with entitlement to back pay and allowances.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__JHL___  _AAO__  _MKP         GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		     _Joann H. Langston ____
		        CHAIRPERSON

INDEX

CASE ID	AR2003090375	
SUFFIX		
RECON		
DATE BOARDED	20031023	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	131.04	
3.	131.05	
4.		
5.		
6.