RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         04 NOVEMBER 2004
      DOCKET NUMBER:  AR2004103181


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Melvin Meyer                  |     |Chairperson          |
|     |Mr. James Anderholm               |     |Member               |
|     |Mr. Jonathon Rost                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that the effective date and date of rank for his
promotion to master sergeant be corrected to reflect 1 December 2003, vice
12 January 2004.

2.  The applicant states that he deployed with his unit to Iraq in April
2003 and was unaware that his security clearance had lapsed or that his
promotion would be delayed as a result.  He states that he did not have
access to his AKO (Army Knowledge Online) account and hence had no access
to any official notification he might have received via that channel.

3.  He states that as part of his deployment process he was required to
process through his security officer at Fort Sill to ensure he had the
proper clearance to deploy.  Had he been informed at that point that his
clearance would lapse while he was deployed he could have taken steps to
ensure the clearance was updated.

4.  He states that when he returned from deployment in November 2003 the
unit was placed on two weeks of “block leave” and it was during that period
that he discovered that his promotion sequence number had passed and he had
not received any notice as to why he had not been promoted.  When he
contacted the promotion office he was told about the security clearance.
He states that he submitted the security clearance paperwork but it was
further delayed by the units’ block leave.

5.  The applicant states that he has worked hard and sacrificed to serve
his country and the combat circumstances should be considered.

6.  In addition to his self-authored statement, the applicant submits a
copy of his promotion order.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate that the applicant entered
active duty on 15 April 1987 and has continued to serve on active duty
through a series of reenlistment actions.  He was promoted to pay grade E-7
in 2000.  The applicant is currently assigned to the 27th Field Artillery
at Fort Sill, but during the period in question was assigned to the 17th
Field Artillery.  The 17th Field Artillery’s deployment to Iraq commenced
on 28 March 2003 and was fully concluded on 15 April 2004.

2.  In the processing of this case, an advisory opinion was obtained from
the U.S. Army Human Resources Command-Alexandria.  The opinion noted that
the applicant had been considered and selected for promotion to master
sergeant by the CY (calendar year) 2003 master sergeant selection board.
The promotion list was released at 0730 hours on 24 April 2003.

3.  The opinion stated that the applicant’s promotion sequence number was
reached on 1 December 2003 but he was not promoted “based on not meeting
the security requirement.”  They noted that the applicant was promoted
effective 12 January 2004 when his interim secret clearance was granted.
They recommended that his request be denied noting that to adjust his
promotion date “would afford him an advantage not given to other soldiers”
and that “consistent application of promotion policy is the only way to
ensure a fair and equitable system for all soldiers.”

4.  The applicant was provided an opportunity to respond to the advisory
opinion but there is no indication that he did.

5.  Army Regulation 600-8-19 states that promotion to master sergeant and
sergeant major requires a favorable National Agency Check, Local Agency
Check, and Credit Check (NACLC) or a security clearance of secret or
higher.

6.  Department of the Army Pamphlet 611-21 states that soldiers in
specialty 13Z, the specialty to which the applicant was being promoted to
in the grade of master sergeant, required that he have a secret security
clearance.

DISCUSSION AND CONCLUSIONS:

1.  The evidence which is available indicates that the announcement of
individuals selected for promotion to the grade of master sergeant
following the FY03 selection board occurred in April 2003, after the
applicant had already been deployed to Iraq.

2.  The inability to communicate to an individual that he needed to take
steps to update or secure a clearance prior to being promoted is
understandable; particularly when that individual is deployed.
Additionally, it is also reasonable to understand that even if an
individual was so notified, his ability to do anything while deployed to a
combat environment would be severely limited.

3.  The evidence shows that the applicant was granted an interim clearance
approximately 45 days after his promotion was to originally have occurred.
Clearly one could conclude that if he were eligible for an interim
clearance on
12 January 2004 he would also likely have been eligible for an interim
clearance on 1 December 2003, had the actions to grant that interim
clearance be accomplished earlier.

4.  It appears that the applicant was ill-served, not only by his
deployment, but the clearance process.  Consequently, and notwithstanding
the advisory opinion, it would be entirely proper to grant the applicant’s
request for retroactive promotion to master sergeant effective and with a
date of rank of 1 December 2003, with all due pay and allowances, by
correcting his record to show that he was granted an interim security
clearance on 1 December 2003.

BOARD VOTE:

___MM  _  ___JA___  __JR   __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected:

      a.  by showing that he was granted an interim clearance on 1 December
2003; and


      b.  by promoting him to master sergeant effective and with a date of
rank of 1 December 2003 with entitlement to all back pay and allowances.





                                  ______Melvin Meyer________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004103181                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041104                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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