ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 7 November 2019 DOCKET NUMBER: AR20170006269 APPLICANT REQUESTS: In effect: * An education waiver for the previous boards since he was unable to attend Captain’s Career Course (CCC) prior to having his clearance at the end of 2015 * Waiver back dated to fiscal year 2014 (FY14) board and SSB (special selection board) * If discharged prior to SSB completion, the board continues * If discharged and ultimately selected he would like to be brought back into the Reserves and his records updated to reflect no break in service APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * ATRRS (Army Training Requirements and Resources System) printout * Emails from 1 March 2013 - 25 August 2014 * Congressional letter, 8 March 2017 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states his Division Security Manager received a statement of reasons (SOR) in regards to his clearance in 2012 and never sent it to him. This was discovered when he tried to go to CCC in 2013 and he was not allowed to go because he did not have a clearance. It took him about 3 years to clear up the security clearance issue once he found out what had happened. The gentlemen at Division who was the Security Manager, was relieved of duty due to many issues with service members clearances. Because of this he was over looked for promotion due to not being educationally qualified. He was enrolled in CCC for Civil Affairs Qualification Course Phase I. He requests an education waiver for the previous boards since he was unable to attend CCC prior to having his clearance fixed at the end of 2015. He would like the waiver back dated to the FY14 board. If he is discharged prior to the SSB that the board continues. If he is selected he would like to be brought back into the Reserves and his records updated to reflect no break in service. Because it was no fault of his own that his Security Manager did not send him the SOR, and as soon as he found out about the situation he took the steps to correct it. However, after he sent the corrected forms up it took office of personnel management a while to adjudicate his clearance. 3. The applicant provides: * ATRRS (Army Training Requirements and Resources System) printout showing he was enrolled in civil affairs/psychological ops CCC (RC) reserve component with a report date of 1 October 2016 * Emails from 1 March 2013 - 18 September 2014 * 1 March 2013 his clearance shows suspended; contacting brigade to find out why * 4 September 2013 received SOR with letter of instruction response * 11 October 2013 SOR forms are forwarded for processing * 28 February 2014 changes are needed; will be completed and sent up on the weekend * 5 March 2014 more documents submitted for the applicant’s packet * 6 March 2014 a memorandum from the commander’s recommendation is needed * 13 May 2014 check on the applicant’s clearance; last comment packet was sent up 7 April * 8 July 2014 returned without action due to no bank statements were enclosed as stated and out of the four concerns in the SOR only one was addressed; request for reconsideration must include a memorandum from the first lieutenant colonel commander in the chain of command * 26 August 2014 memo resubmitted and received * 16 September 2014 follow-up to clearance packet requesting more guidance regarding what is lacking from the rebuttal packet * 18 September 2014 rebuttal sent out 15 September 2014 * Congressional letter, 8 March 2017 stating his issue in need of assistance 4. A review of the applicant’s service records shows the following: a. Having had prior enlisted service he accepted commission in the CAARNG (California Army National Guard) on 19 August 2000. b. An entry on the applicant's Soldier Management System (SMS) of the Integrated Web Services (IWS), a database maintained by the U.S. Army Human Resources Command, shows on 16 December 2010 the Electronic Questionnaires for Investigations Processing (e-QIP) application self-terminated after 30 days due to the Soldier failing to initiate the security questionnaire. E-QIP is a web-based automated system that was designed to facilitate the processing of standard investigative forms used when conducting background investigations for Federal security, suitability, fitness and credentialing purposes. E-QIP allows the user to electronically enter, update and transmit their personal investigative data over a secure internet connection to a requesting agency. 19 February 2013 SOR was sent to USAR Parent Command: 108th Training Command; 104th Training Division; 379th Regiment 2nd Battalion Detachment 1. c. The applicant was sent a memorandum to select options upon non-selection for promotion after second consideration to major (MAJ). There was no selection made in his records. d. DA Form 1059 (Service School Academic Evaluation Report) shows he attended civil affairs CCC RC from 6 October 2018 and completed on 3 November 2018. e. Orders B-08-905023, dated 9 August 2019 show he was promoted to MAJ on 29 July 2019. 5. By regulation, Army Regulation (AR) 135-155 (Army National Guard and U.S. Army Reserve Promotion of Commissioned Officers and Warrant Officers Other than General Officers) provides policy for selecting and promoting commissioned officers of both the Army National Guard of the United States and the USAR and warrant officers of the USAR. It provides that the military education requirement for promotion to MAJ is the completion of any officer advanced course not later than the day before the selection board convening date. The Commander, HRC, Chief, Office of Promotions, is the approval authority for exceptions to non-statutory promotion requirements. 6. AR 600-8-29 (Officer Promotions), SSB may be convened to consider or reconsider commissioned officers for promotion because the officer was erroneously not considered and his/her records contained a material error at the time of consideration. The material error presented by the applicant are lack of notification and mishandling of his packet for his security clearance. The reasons for his non selection are unknown because the statute prevents disclosure of these proceedings to anyone outside the promotion board in question. The decision to recommend an officer for promotion was based upon the criteria established by the Secretary of the Army and the collective judgment of the respective board members as to the relative merit of an officer's overall record when compared to the records of other officers being considered. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. The Baord discussed the fact that the applicant’s security clearance was suspended for unknown reason. However, the Board found that maintaining a security clearance is an individual responsibility and each Solider is changed to ensure that issues are resolved in order to get and maintain a security clearance. For that reason, the Board found insufficient evidence of an error or injustice which would warrant making a change to the applicant’s military service record. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 12/2/2019 X CHAIRPERSON Signed by: I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 135-155 (Army National Guard and U.S. Army Reserve Promotion of Commissioned Officers and Warrant Officers Other than General Officers) provides policy for selecting and promoting commissioned officers of both the Army National Guard of the United States and the USAR and warrant officers of the USAR. It provides that the military education requirement for promotion to MAJ is the completion of any officer advanced course not later than the day before the selection board convening date. The Commander, HRC, Chief, Office of Promotions, is the approval authority for exceptions to non-statutory promotion requirements. 3. AR 600-8-29 (Officer Promotions), SSB may be convened to consider or reconsider commissioned officers for promotion because the officer was erroneously not considered and his/her records contained a material error at the time of consideration. The material error presented by the applicant are lack of notification and mishandling of his packet for his security clearance. The reasons for his non selection are unknown because the statute prevents disclosure of these proceedings to anyone outside the promotion board in question. The decision to recommend an officer for promotion was based upon the criteria established by the Secretary of the Army and the collective judgment of the respective board members as to the relative merit of an officer's overall record when compared to the records of other officers being considered. NOTHING FOLLOWS