RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  9 March 2004
	DOCKET NUMBER:  AR2003090388

	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. Barbara J. Ellis		Member	
	Ms. Shirley Powell		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 adjustment to his date of rank for captain retroactive to completion of his post-graduate residency program on 30 June 2000.

2.  The applicant states that he was commissioned while in his Oral Surgery Post Graduate Residency Program and upon completion, automatic adjustment of rank should have been considered in lieu of the "ever-changing" regulation for dentists.  He also states that his 4 years of civilian education/training beyond dental school, which provides the Army with a mission essential "underserved" military occupational specialty, should not be overlooked and should support his request.  

3.  The applicant provides no documentation in support of his request.

CONSIDERATION OF EVIDENCE: 

1.  The applicant's military records show that he was appointed in the Reserve, Army Medical Department (AMEDD) Dental Corps, as a first lieutenant effective 9 October 1997, with 4 years constructive service credit (CSC).

2.  The applicant was considered and not selected for promotion to captain by the 2001 AMEDD Reserve Components Selection Board (RCSB) that convened on 26 March 2001.

3.  A Notification of Promotion Status memorandum dated 23 August 2001, advised the applicant that the records reviewed by the 2001 RCSB did not indicate he had completed the required military education by the day the board convened.

4.  The applicant completed the AMEDD Office Basic Course (OBC) effective 12 December 2001.

5.  The applicant was considered and selected for promotion to captain by the 2002 AMEDD RCSB that convened on 7 January 2002.  The President approved the board results on 30 April 2002.

6.  A staff member of the Security Management Office, Army Reserve Personnel Command (AR-PERSCOM) verified that the applicant was notified on 18 July 2002 to contact his security officer for instructions on updating his security clearance.  On 11 November 2002, the applicant was mailed a secret security clearance package for updating.  On 28 January 2003, a security file was created 

in that office for an initial secret clearance.  The applicant returned the security clearance package to the Security Management Office and his interim secret was authorized on 8 February 2003.

7.  The applicant was mobilized and promoted to captain with a promotion effective date and date of rank of 21 February 2003.

8.  The Chief, Military Personnel Actions Branch, AR-PERSCOM, expressed the opinion that the applicant was appointed in the grade of first lieutenant on 9 October 1997 with 4 years CSC.  He was considered, but not selected for promotion on the 2001 AMEDD RCSB.  The applicant was recommended for promotion on the 2002 captain AMEDD RCSB, approved by the President on 30 April 2002, and released on 30 May 2002.  In accordance with law, an officer must meet all qualifications to be promoted.  The officer will be promoted effective the date the board was approved or the date he/she meets all qualifications.  The applicant did not have a security clearance; therefore, his promotion was suspended until 6 August 2002.  No response was made until the applicant was mobilized on 23 February 2003.  At that time, he had an interim secret clearance and met all of the other requirements; therefore, the US Army Reserve Command, Fort McPherson, Georgia, correctly promoted him on 27 February 2003 with an effective date of 21 February 2003.

9.  The opinion was forwarded to the applicant for his acknowledgment/rebuttal on 5 September 2003.  He did not respond.

10.  Army Regulation 135-101, prescribes the policies, procedures, and eligibility criteria for appointment of commissioned officers in the Reserve in the six branches of the AMEDD.  This regulation provides that officers will be granted CSC for periods of professional training and experience accrued after receipt of the basic qualifying degree.  Grade and date of rank upon original appointment and assignment to an AMEDD branch will be determined by the number of years of entry grade credit awarded.  Four years of entry grade credit will be awarded for a basic qualifying degree.  With 3 years or more, but less than 7 years of entry grade credit, officers will be appointed in the rank of first lieutenant.  Authorized credit in excess of the minimum required for appointment to the appropriate grade will be used to adjust the date of rank within the grade.  A period of time will only be counted/awarded once.

11.  Army Regulation 135-101 also specifies that an exception is granted for AMEDD branch appointments of a qualified US citizen prior to completion of the National Agency Check or investigation for a security clearance.  If, as a result of completion of the investigative processes, an individual is unacceptable for appointment as a commissioned officer, the officer will be discharged.

12.  Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that AMEDD officers regardless of grade in which appointed are required to complete the AMEDD resident OBC within 3 years after appointment for promotion to captain.  Completion of an OBC is required to meet the military education requirements.  Specialized Training Assistant Program (STRAP) (residency programs) officers do not have to complete the AMEDD resident OBC until 3 years after the completion of their STRAP training program.

13.  Army Regulation 135-155 also specifies that promotion authorities will ensure that a favorable security screening is completed before announcing a promotion.  An officer must meet all qualifications to be promoted and the officer will be promoted effective the date the board was approved or the date he/she meets all qualifications.  

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to adjustment to his promotion effective date and date of rank for captain to 8 February 2003, the date his interim secret clearance was issued, with entitlement to back pay and allowances.  

2.  The applicant's contentions have been noted; however, the applicant's 4 years of civilian education/training entitled him to appointment in the rank of first lieutenant and a period of time will only be counted/awarded once.  The applicant was also required to complete the AMEDD OBC for promotion to captain; therefore, he was not eligible for promotion to captain on the date he completed his residency program.  It is further noted that participation in the STRAP did not waive the requirement for completion of the AMEDD OBC, it just allowed an officer 3 years after the completion of his/her residency program to complete the AMEDD OBC.  Completion of the AMEDD OBC was required to satisfy the education requirement for promotion to captain.

3.  The applicant was selected for promotion to captain by the 2002 AMEDD RCSB, which the President approved on 30 April 2002.  The applicant was not eligible for promotion to captain on that date, as he did not possess a security clearance.  His interim secret security clearance was issued on 8 February 2003; therefore, he was eligible for promotion to captain on that date with a same date of rank.  

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

BOARD VOTE:

__sc____  ___be___  ___sp___  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 captain with a promotion effective date and date of rank of 8 February 2003, with entitlement to back pay and allowances.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to an earlier date of rank for captain.  

		____Samuel A. Crumpler__
		        CHAIRPERSON

INDEX

CASE ID	AR2003090388	
SUFFIX		
RECON		
DATE BOARDED	20040309	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	131.05	
3.		
4.		
5.		
6.