| Mr. Carl W. S. Chun | Director | |
| Mr. W. W. Osborn, Jr. | Analyst |
| Ms. Margaret K. Patterson | Chairperson | |
| Ms. Jennifer L. Prater | Member | |
| Ms. Mae M. Bullock | Member |
APPLICANT REQUESTS: That his date of rank as a staff sergeant (SSG) be backdated from 18 January 2002 to 1 June 1999.
APPLICANT STATES: In effect, that his company commander was responsible for the delay in restoring his security clearance and thereby precluding his timely promotion.
In support of his request he submits a memorandum of support from a lieutenant colonel, apparently his current commander, who mirrors the applicant's contention.
A memorandum from a civilian security assistant states that the applicant submitted his "file on 25 Jun 98 and to no fault of his own [it] has been in due process since."
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted and entered active duty on 17 January 1996. On 13 November 1996, while serving as a sergeant, he received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice for making a false official statement [to the effect that he was divorced] stealing $13,160.75 in government funds and bigamy. The record of the NJP is currently filed in the restricted portion of his Official Military Personnel File (OMPF).
The available copy of the applicant's OMPF is devoid of any information relating to either his promotion to SSG or his security clearance.
During the processing of this case an advisory opinion was obtained from the Central Personnel Security Facility. It reports that he was notified of intent to revoke his security clearance because of the above mentioned NJP incident. He failed to respond by the 1 June 1998 deadline and his clearance was revoked. The applicant requested reconsideration on 25 June 1998 but his submitted comments concerning financial difficulties were deemed to require a new investigation. Upon completion of that investigation a secret clearance was issued on 18 January 2002.
Another advisory opinion, from Promotions Branch, Total Army Personnel Command, notes that the applicant's clearance was reinstated on 18 January 2002 and that he was promoted that date because that was the date upon which he became fully eligible for promotion. The deputy chief of the Promotions Branch notes "There is no documentation in the applicant's record that indicates a letter of endorsement, signed by the commander, was required by the clearance facility."
In rebuttal to the advisory opinions, the applicant submits copies of two memoranda from the Personnel Security Clearance Agency. One, dated 2 March 1998, states, in part, "Commander's recommendation should be added to individual's statement of rebuttal." The second, dated 27 April 1998, states in part "SUBJECT has been advised that his response must be endorsed…by HIS immediate supervisor through command channels.…"
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:
1. The contentions of the applicant including his rebuttal of the advisory opinions and those of his supporters have been noted, but there is no substantiating evidence to show that the period of time required to complete the security clearance investigation was in any way lengthened by the commander's failure to act. The civilian security assistant clearly states that the applicant's appeal was submitted on 25 June 1998. She makes no mention of any delay caused by the company commander.
2. The applicant's security clearance was revoked because of his own misconduct. A new investigation was deemed necessary because of his assertions of financial problems. He was promoted as soon as that investigation was completed and his security clearance was restored. This was the earliest date that he was fully eligible for promotion.
3. 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.
4. 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
_MKP___ __JLP___ __MMB__ DENY APPLICATION
| CASE ID | AR2002070865 |
| SUFFIX | |
| 20030114 | |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 131.05 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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