| Mr. Carl W. S. Chun | Director | |
| Ms. Stephanie Thompkins | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | |
| Ms. Regan K. Smith | Member | |
| Mr. Curtis L. Greenway | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction to his date of rank for first lieutenant.
2. The applicant states that the unit administrator for the 302nd Military Police Company submitted his first promotion packet on 30 August 2001 and the paperwork was lost three times. He was discouraged with the unit because of the lack of concern for his promotion and left the unit in May 2002. He was assigned from the Individual Ready Reserve (IRR) to the 350th Adjutant General (AG) Reserve Unit on 18 September 2002 and deployed in support of Operation Enduring Freedom and Operation Iraqi Freedom. His current commander immediately attempted to promote him, but his security clearance had expired in November 2002. He also states that he was promotable in the unit prior to his security clearance expiring. He has since updated his security clearance and was promoted on 10 March 2003.
3. The applicant further states that he tried to have his date of rank adjusted and was advised that only the Army Board for Correction of Military Records had the authority. His original promotion packet was mishandled and his military career should not suffer because of these mistakes.
4. The applicant provides copies of his promotion memorandum for first lieutenant, his reassignment orders, his Service School Academic Evaluation Report, his Standard Form 88 (Report of Medical Examination), his Standard Form 93 (Report of Medical History), his DA Form 705 (Army Physical Fitness Test Scorecard), his personnel qualification record, and his oath of office.
CONSIDERATION OF EVIDENCE:
1. The Military Personnel Actions Branch, Army Reserve Personnel Command (AR-PERSCOM) verified that the applicant was granted a Secret security clearance on 28 July 1992 with an expiration date of 27 July 2002.
2. The applicant's military records show he was appointed in the Reserve as a second lieutenant effective 22 January 1999, with prior enlisted service.
3. The applicant completed the AG Officer Basic Course effective 4 May 2000.
4. Based on the required 2 years maximum time in grade (MTIG) for promotion to first lieutenant, the applicant's MTIG date was 21 January 2001.
5. The applicant was reassigned from the IRR to the 350th AG Company Postal Service effective 18 September 2002. He was again reassigned to the 0755th AG Company, Postal Service effective 12 January 2003 for planning guidance in support of the global war on terrorism.
6. The applicant's security clearance was updated and he was promoted to first lieutenant effective 10 March 2003.
7. The Chief, Military Personnel Actions Branch, AR-PERSCOM, expressed the opinion that the applicant was appointed in the grade of second lieutenant on 22 January 1999; therefore, he was eligible for promotion on 21 January 2001. At the time, the officer was assigned to the IRR and reassigned to a troop program unit on 18 September 2002. The applicant was granted a security clearance on 28 July 1992; therefore, it expired on 27 July 2002. The applicant's application for periodic reinvestigation was not submitted until 10 March 2003, and all officers must have a security clearance for promotion because a security clearance is a condition of appointment. The applicant was mobilized on 12 January 2003 and the United States Army Reserve Command (USARC) is the promotion authority for mobilized officers. The USARC appropriately promoted the applicant with a date of rank of 10 March 2003, the date continual access was granted.
8. She also opined that since the applicant was assigned to the IRR when his initial security clearance was valid, it was suggested the Office of Promotions, Reserve Components, Total Army Personnel Command (PERSCOM) be contacted concerning the reason the officer was not promoted when he reached his MTIG date on 21 January 2001.
9. The opinion was forwarded to the applicant for his acknowledgment/rebuttal on 14 August 2003. He did not respond.
10. 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. The ROPMA specifies that a second lieutenant will be considered for promotion to first lieutenant prior to reaching 24 months of commissioned service so that he/she can be promoted timely upon reaching 24 months of service. The officer must have undergone a favorable security screening to be eligible for the appointment and promotion.
DISCUSSION AND CONCLUSIONS:
1. The applicant is entitled to correction of his date of rank for promotion to first lieutenant to 21 January 2001.
2. The Chief, Reserve Appointments, PERSCOM normally notifies appointed officer’s units of their responsibility to initiate or screen a security clearance and the applicant’s unit should have been made aware as early as his appointment date of 22 January 1999. Through no fault of the applicant, he was not promoted when he reached his MTIG date of 21 January 2001 and prior to the expiration date of his Secret security clearance of 27 July 2002. The applicant’s actions did not contribute to the unreasonable delay and he should not be penalized by a late promotion.
3. Pertinent regulations show a security clearance is a condition of appointment and promotion and the applicant was eligible for promotion to first lieutenant, as early as 21 January 2001. Through no fault of his own the applicant was not timely promoted to first lieutenant.
4. In view of the foregoing, the applicant’s records should be corrected as recommended below.
BOARD VOTE:
___sc___ __rs____ ___cg___ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
| CASE ID | AR2003090387 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20040203 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT PLUS |
| REVIEW AUTHORITY | |
| ISSUES 1. | 131.00 |
| 2. | 131.01 |
| 3. | 131.05 |
| 4. | |
| 5. | |
| 6. |
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A USARC Form 56-R (Promotion Qualification Statement for [U.S. Army Reserve Command] Mobilized TPU Officers), dated 25 August 2003, shows his commander verified he was qualified for promotion. An officer selected for the first time for promotion to the next higher grade may be promoted on or before the date he/she completes the maximum service. The evidence of record does not show errors in the applicant's rank or DOR.
ARMY | BCMR | CY2002 | 2002081343C070215
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The applicant requests, in effect, promotion to captain with a date of rank based on the 1995 Reserve Components Selection Board (RCSB). Based on the required 4 years time in grade, his promotion eligibility date (PED) for captain was 14 October 1994. An officer selected by an SSB would be entitled to the same date of rank as if the officer had been recommended for promotion to the grade by the mandatory board that should have considered the officer.
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Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant, as an ARNG officer was granted an interim clearance on 20 August 2003, was reassigned to the IRR effective 19 November 2003, and he was never promoted. Had the Office of Promotions, HRC - St. Louis, been aware that the applicant had been granted an interim clearance at the time of his assignment to the IRR, the applicant would have been promoted the date after his...
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The applicant also states that he submitted a request for a delay of promotion on 4 August 2002 and the request was approved on 17 September 2002. The applicant, as an ARNG officer was granted an interim clearance on 20 August 2003, was reassigned to the IRR effective 19 November 2003, and he was never promoted. The applicant is not entitled to correction of his date of rank to major to 5 March 2002, based on his approved request for delay of promotion until 24 July 2004.
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The applicant also states that prior to his retirement, in December 2002, the unit had a drill with all members of the unit present, including some that he had not seen before. The USARC determined that the applicant filled a colonel position at the State Department unit while serving as a lieutenant colonel. Crediting the applicant with a qualifying year, as discussed above, and payment of the difference in pay between a lieutenant colonel and colonel for creditable periods of service...
ARMY | BCMR | CY2005 | 20050002325C070206
Scott W. Faught | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. In an advisory opinion, dated 28 June 2005, the Chief, Promotions Branch, Office of Promotions, Reserve Components, Human Resources Command - St. Louis, stated that while assigned to a TPU, the applicant was selected for promotion to major by the 2002 RCSB with a promotion eligibility date (PED) of 15 July 2002. Since the applicant was assigned to the IRR on...
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In a Memorandum for Record dated 17 January 2002, the Chief, Military Personnel Actions Branch, states that the applicant could not be promoted at his promotion eligibility date of 21 February 1998, because all promotion qualifications were not met. The date of rank and effective date of his promotion was 8 May 2001 (Security Clearance Date). Through no fault of the applicant, his security clearance was not granted until 18 May 2001.
ARMY | BCMR | CY2004 | 20040009851C070208
If unable to locate a valid higher grade position, the Soldier: may request a delay of promotion up to 1 year from the date the promotion board is released, or 1 year from the Soldier's promotion eligibility date, whichever is later; may decline promotion [however, a declination serves as a first or second non-selection for promotion]; or may transfer to the IRR and be promoted as an IRR Soldier. The record shows that the applicant was promoted to 1LT on 26 May 1990, making his MTIG date...