RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            FEBRUARY 19, 2004                  
	DOCKET NUMBER:   AR2003090486

	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	
	Mr. Luis Almodova		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Robert Duecaster		Member	
	Mr. Melvin H. Meyer		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, in effect, correction of the date of rank and effective date of his promotion to first lieutenant.

2.  The applicant states, in effect, that his promotion to first lieutenant was delayed through no fault of his own.  After discovering that his original request for a security clearance was lost, two more requests for security clearance were submitted before he was granted a security clearance.  As a result, his promotion was delayed until the security clearance was approved.  This has resulted in his having a far lower rank or time in grade than other 66F (Nurse Anesthetist) with master degrees.

3.  The applicant provides a copy of a Memorandum addressed to him thru his Health Care Recruiter, U.S. Total Army Personnel Command, Subject:  Appointment as a Reserve Commissioned Officer of the Army Under Title 10, USC 12201 and 12203, dated 15 June 1999; a copy of his Master of Nurse Anesthesia, conferred by the Mayo School of Health-Related Sciences, dated 9 March 2001, and a Memorandum for Promotion Board or Whom It May Concern, from the Security Manager, 114th Combat Support Hospital, dated 1 April 2003, in support of his application.

CONSIDERATION OF EVIDENCE: 

1.  The applicant’s military records show that he accepted an appointed in the Reserve as second lieutenant on 30 July 1999.  He was appointed in the Army Nurse Corps in the specialty skill identifier 66H (Medical-Surgical Nurse).  On the date of appointment, the applicant was awarded 1 year, 1 month, and 10 days constructive service credit.

2.  Based on the required 2 years time in grade, his promotion eligibility date (PED) to 1LT was 20 June 2000.

3.  The applicant was promoted to the rank of first lieutenant with a date of rank and an effective date of 5 March 2002, by a Memorandum for Record, Subject:  Promotion as a Reserve Commissioned Officer of the Army, prepared by the Director, Personnel Actions and Services, U.S. Army Reserve Personnel Command, dated 17 April 2002.

4.  A Memorandum for Record, Subject:  Date of Rank Adjustment, from the Chief, Military Personnel Actions Branch, U.S. Army Reserve Personnel Command, dated 17 April 2002, states that the applicant was not promoted on 

his PED of 20 June 2000 because all promotion qualifications were not met.  His effective date of promotion was 5 March 2002.  This is the date that a favorable security investigation was completed and a security clearance was granted.  

5.  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.

6.  In a Memorandum for Promotion Board or Whom It May Concern, from the Security Manager, 114th Combat Support Hospital, dated 1 April 2003, the security manager advises that the applicant was granted a security clearance on 5 March 2002.  In the same memorandum, the security manager adds that the lack of a security clearance should not be considered to be the fault of the officer, but the fault of a backlogged system.  The applicant, the security manager advises, submitted his application in a timely manner and did everything he could to secure a clearance.

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 2LT will be considered for promotion to 1LT prior to reaching 24 months of commissioned service so that he/she can be promoted on time upon reaching 24 months of service.  The officer must have undergone a favorable security screening to be eligible for the promotion.

8.  AR 135-155, paragraph 4-8, provides that "an officer found not qualified for promotion to 1LT or CW2 who was retained in an active status may be promoted if later determined qualified.  The promotion will not be earlier than the date the officer is determined qualified for promotion.  A memorandum for record will be prepared to explain the later promotion date.  A copy of the promotion notice and the memorandum for record will be placed in the officer's Official Military Personnel File (OMPF)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant was promoted to the rank of first lieutenant with a date of rank and an effective date of 5 March 2002.

2.  The evidence of records shows that the applicant applied for a security clearance far in advance of his promotion eligibility date; however, due to the loss 

of his application for a security clearance investigation and a backlog in the system, his security clearance was not granted until 5 March 2002.  The applicant’s actions were both responsible and timely and did not in any way contribute to the delay in his promotion; and therefore, he should not be penalized by a late promotion.

3.  A copy of the officer's promotion notice to first lieutenant and a memorandum for record outlining the reason for the delay in his promotion were placed in the applicant's OMPF in compliance with AR 135-155, Paragraph 4-8.

4.  The applicant is entitled to correction of his date of rank for promotion to 1LT to 20 June 2000, the date he would normally have been promoted to first lieutenant had his security investigation been completed and had he been granted a security clearance in a timely fashion.

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

BOARD VOTE:

rjw______  mm_____  rd______  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 that the individual concerned was promoted to first lieutenant effective 20 June 2000 and that he is entitled to all back pay and allowances.

		___Raymond J. Wagner____
		        CHAIRPERSON

INDEX

CASE ID	AR2003090486	
SUFFIX		
RECON		
DATE BOARDED	20040219	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  302	129.0000	
2.  307	129.0500	
3.		
4.		
5.		
6.