| Mr. Carl W. S. Chun | Director | |
| Ms. Stephanie Thompkins | Analyst |
| Mr. Arthur A. Omartian | Chairperson | |
| Mr. Thomas A. Pagan | Member | |
| Mr. Roger W. Able | Member |
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
| 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. |
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