MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           15 May 2003                 
	DOCKET NUMBER:   AR2002083428

	I certify that hereinafter is recorded the record of consideration 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. Arthur A. Omartian		Chairperson	
	Mr. Thomas A. Pagan 		Member	
	Mr. Roger W. Able		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                            records
	Exhibit B - Military Personnel Records (including
	                 advisory opinion, if any)

APPLICANT REQUESTS:  Promotion to major with an appropriate date of rank and back pay and allowances.

APPLICANT STATES:  That his promotion was delayed because of a security clearance submission.  He originally submitted his security clearance application on 7 February 2002 and the appropriate agency never acknowledged receipt.  It was not until he was notified of his promotion delay that there was a known problem with his security clearance not being processed.  In support of his application he submits copies of his promotion memorandum for major, a memorandum for record regarding his security clearance verification, and his Notification of Suspended Promotion Status.

EVIDENCE OF RECORD:  The applicant's military records show:

He was appointed in the Reserve from the Reserve Officers Training Corps as a second lieutenant effective 12 May 1989.

He attained the rank of captain effective 29 July 1995.  Based on the required 7 years time in grade, his maximum time in grade date for major was 28 July 2002.

He was considered and selected for promotion to major by the 2002 Reserve Components Selection Board, which convened 4 March and recessed on 3 April 2002.  The President approved the board results on 19 June 2002.

On 22 July 2002, the Chief, Military Personnel Actions Branch, Army Reserve Personnel Command, advised the applicant and his unit that promotion action could not be completed due to the following:  he did have a valid security clearance, he did not have a current Army Physical Fitness Test and he did not possess a current date for maximum allowable weight for height and weight standards.  

After submission of the missing information, a promotion memorandum, dated 24 September 2002, was issued to him indicating his promotion effective date and date of rank for major as 12 September 2002.

Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  It was published on 24 October 2001 and became effective 2 November 2001.  The regulation specifies that an officer who has been recommended for promotion to the next higher grade must meet the requirement of having undergone a favorable security screening.  Paragraph 4-12 of this regulation also specifies that promotion authorities will ensure that a favorable security screening is completed before announcing a promotion.  The military personnel records jacket (MPRJ) will be screened to ensure that derogatory or unfavorable suitability information is not contained therein for promotion purposes.  If the results of this screening are favorable, final promotion action may proceed.  The officer recommended for promotion must also possess a current Army Physical Fitness Test and possess a current date for maximum allowable weight for height and weight standards.  

This regulation did not change the previous regulation on this issue.

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 provides that an officer cannot be promoted until the President of the United States has approved the appropriate selection board.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In view of the circumstances in this case, the applicant is not entitled to correction to his promotion for major with an adjusted date of rank and back pay and allowances.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  The Board has noted his contentions that he submitted his security clearance application in February 2002 and that his promotion was delayed because of his security clearance had to be resubmitted.  However, the applicant was promoted in a reasonable time frame from the date that he and his unit were notified of his suspended promotion status because he did not have a valid security clearance, a current Army Physical Fitness Test and current date for maximum allowable weight for height and weight standards.  Upon submission of the missing information, the applicant was promoted in a timely manner.  

3.  The Board also noted that The President approved the 2002 board on 19 June 2002 and the applicant was promoted within 3 months of the board’s approval date.  His promotion effective date and date of rank for major was properly established as the date that he was eligible for promotion.  

4.  In accordance with current regulations, authorities will ensure that an updated security screening is completed and the officer possesses a current Army Physical Fitness Test and a current date for maximum allowable weight for height and weight standards before announcing a promotion, including assurance that officers have the proper security clearance for promotion 

purposes.  The effective date of promotion will be the date the officer meets the eligibility requirements for promotion to the next higher grade, and ROPMA also specifies that an officer cannot be promoted until the President has approved the appropriate promotion board results.

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_RWA___  _TAP___  _AAO___    DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002083428	
SUFFIX		
RECON		
DATE BOARDED	20030513	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	131.05	
3.		
4.		
5.		
6.