RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  3 February 2004
	DOCKET NUMBER:  AR2003090387

	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. Samuel A. Crumpler		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. Curtis L. Greenway		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.

2.  The applicant states that the unit administrator for the 302nd Military Police Company submitted his first promotion packet on 30 August 2001 and the paperwork was lost three times.  He was discouraged with the unit because of the lack of concern for his promotion and left the unit in May 2002.  He was assigned from the Individual Ready Reserve (IRR) to the 350th Adjutant General (AG) Reserve Unit on 18 September 2002 and deployed in support of Operation Enduring Freedom and Operation Iraqi Freedom.  His current commander immediately attempted to promote him, but his security clearance had expired in November 2002.  He also states that he was promotable in the unit prior to his security clearance expiring.  He has since updated his security clearance and was promoted on 10 March 2003.

3.  The applicant further states that he tried to have his date of rank adjusted and was advised that only the Army Board for Correction of Military Records had the authority.  His original promotion packet was mishandled and his military career should not suffer because of these mistakes. 

4.  The applicant provides copies of his promotion memorandum for first lieutenant, his reassignment orders, his Service School Academic Evaluation Report, his Standard Form 88 (Report of Medical Examination), his Standard Form 93 (Report of Medical History), his DA Form 705 (Army Physical Fitness Test Scorecard), his personnel qualification record, and his oath of office.

CONSIDERATION OF EVIDENCE: 

1.  The Military Personnel Actions Branch, Army Reserve Personnel Command (AR-PERSCOM) verified that the applicant was granted a Secret security clearance on 28 July 1992 with an expiration date of 27 July 2002.

2.  The applicant's military records show he was appointed in the Reserve as a second lieutenant effective 22 January 1999, with prior enlisted service.

3.  The applicant completed the AG Officer Basic Course effective 4 May 2000.

4.  Based on the required 2 years maximum time in grade (MTIG) for promotion to first lieutenant, the applicant's MTIG date was 21 January 2001.

5.  The applicant was reassigned from the IRR to the 350th AG Company Postal Service effective 18 September 2002.  He was again reassigned to the 0755th AG Company, Postal Service effective 12 January 2003 for planning guidance in support of the global war on terrorism.
6.  The applicant's security clearance was updated and he was promoted to first lieutenant effective 10 March 2003.

7.  The Chief, Military Personnel Actions Branch, AR-PERSCOM, expressed the opinion that the applicant was appointed in the grade of second lieutenant on 22 January 1999; therefore, he was eligible for promotion on 21 January 2001.  At the time, the officer was assigned to the IRR and reassigned to a troop program unit on 18 September 2002.  The applicant was granted a security clearance on 28 July 1992; therefore, it expired on 27 July 2002.  The applicant's application for periodic reinvestigation was not submitted until 10 March 2003, and all officers must have a security clearance for promotion because a security clearance is a condition of appointment.  The applicant was mobilized on 12 January 2003 and the United States Army Reserve Command (USARC) is the promotion authority for mobilized officers.  The USARC appropriately promoted the applicant with a date of rank of 10 March 2003, the date continual access was granted.  

8.  She also opined that since the applicant was assigned to the IRR when his initial security clearance was valid, it was suggested the Office of Promotions, Reserve Components, Total Army Personnel Command (PERSCOM) be contacted concerning the reason the officer was not promoted when he reached his MTIG date on 21 January 2001.

9.  The opinion was forwarded to the applicant for his acknowledgment/rebuttal on 14 August 2003.  He did not respond.

10.  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.  The 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 appointment and promotion. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant is entitled to correction of his date of rank for promotion to first lieutenant to 21 January 2001.  

2.  The Chief, Reserve Appointments, PERSCOM normally notifies appointed officer’s units of their responsibility to initiate or screen a security clearance and the applicant’s unit should have been made aware as early as his appointment date of 22 January 1999.  Through no fault of the applicant, he was not promoted when he reached his MTIG date of 21 January 2001 and prior to the expiration date of his Secret security clearance of 27 July 2002.  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 21 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.

BOARD VOTE:

___sc___  __rs____  ___cg___  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 21 January 2001, with entitlement to back pay and allowances.

		_____Samuel A. Crumpler___
		        CHAIRPERSON

INDEX

CASE ID	AR2003090387	
SUFFIX		
RECON		
DATE BOARDED	20040203	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	131.01	
3.	131.05	
4.		
5.		
6.