RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            21 July 2005
      DOCKET NUMBER:   AR20040008275


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. Robert J. Osborn              |     |Member               |
|     |Ms. Brenda K. Koch                |     |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, in effect, correction of his sergeant major
(SGM) promotion effective date and date of rank.

2.  The applicant states, in effect, that he was eligible to be promoted to
SGM in May 2003.  However, because his security clearance had been revoked
in 1993, he was not promoted on time.  He claims that once he was selected
for promotion to SGM in April 2003, he submitted his security clearance
packet.  In January 2004, he followed up on his security status and was
informed that he was awaiting a new investigation that could take up to 18
months.  He states that shortly after that, his unit began preparations for
deployment and he lost valuable time he could have devoted to clearing up
his security clearance issue.  He states that once it was clear what needed
to be done, his unit made the arrangements.  He claims that had he not been
deployed, or preparing to be deployed, he could have resolved this matter
and allowed him to be promoted on time in May 2003, instead of August 2004.


3.  The applicant states that once he was told the investigation could take
up to 18 months by G-2 officials, he accepted this and continued to ready
for deployment.  He states that in March or April 2004, he submitted a
Congressional Inquiry regarding this matter and was informed that an
investigation had begun in June 2003.  He states it is his belief that the
failure of G-2 personnel to do their job, coupled with his preparation for
and deployment caused the delay in his promotion.

4.  The applicant provides a self-authored statement and a copy of a
Congressional Inquiry in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant was selected for promotion by the Calendar Year (CY) 2002
SGM Selection Board and based on his sequence number would have been
promoted effective 1 May 2003.  However, he was not promoted at this time
because he failed to meet the security clearance prerequisite for
promotion.

2.  In connection with the processing of this case, an advisory opinion was
obtained from the Deputy Chief, Promotions Branch, Human Resources Command
(HRC).  This promotion official confirms that promotions were made through
the applicant’s sequence number on 1 May 2003, but the applicant was not
promoted because he did not meet the security requirement.
3.  In the HRC advisory opinion, the Deputy Chief, Promotions Branch
further confirms the applicant was promoted on 12 August 2004, the date his
interim secret clearance was granted.  This HRC promotion official also
comments that the applicant was not fully qualified for promotion to SGM
until he met this security requirement, and therefore, he is not entitled
to a retroactive promotion.  He further recommends the applicant’s request
be denied, and that adjusting the applicant’s SGM promotion date would be
an unfair advantage not given to other Soldiers.  He concludes by stating
that consistent application of promotion policy is the only way to ensure a
fair and equitable system for all Soldiers.

4.  On 7 March 2005, the applicant was provided a copy of the HRC advisory
opinion in order to have the opportunity to respond.  To date, he has
failed to reply.

5.  Army Regulation 600-8-19 (Enlisted Promotions) contains the policies
and procedures pertaining to enlisted promotions.  Paragraph 1-16 provides
the policy and security clearance prerequisites for promotion.  It states
Army Regulation 600-8-19 (Enlisted Promotions) contains the policies and
procedures pertaining to enlisted promotions.  Paragraph 1-16 provides the
policy and security clearance prerequisites for promotion.  It states that
the following security clearance requirements are a prerequisite for
promotion:  promotion to master sergeant and SGM requires a favorable
National Agency Check, Local Agency Check, and Credit Check, or a security
clearance of secret or higher; and promotion to specialist through sergeant
first class requires the clearance required by the promotion military
occupational specialty (MOS), or an interim clearance at the same level.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions that the delay in his promotion was due to
G-2 personnel not doing their job and the time he lost preparing for
deployment, and the supporting statements he provided were carefully
considered.  However, there is insufficient evidence to support these
claims.

2.  By regulation, in order to meet the security requirement for promotion
to SGM, a member must have a favorable National Agency Check, Local Agency
Check, and Credit Check, or a security clearance of secret or higher.
Further, these security requirements are outlined in Department of the Army
messages that announce the promotion zones of consideration and
administrative processing requirements well in advance of the convening
date of promotion selection boards.

3.  The applicant either was, or should have been aware of the security
requirement for promotion to SGM well before he actually competed for
promotion, and he had the responsibility to ensure he was eligible and
qualified for promotion if he were selected.  The record shows he did not
meet the security clearance promotion criteria on 1 May 2003, when he first
became eligible for promotion to SGM, and there is no indication he
addressed this issue prior to that date.  Further, notwithstanding his
statements to the contrary, there is no evidence of record in the form of
supporting statements from members of his chain of command, or other
responsible officials, confirming his deployment preparation or the failure
of G-2 personnel were the primary causes for the delay in his promotion.

4.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

___JI ___  ___RJO _  ___BKK_  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




            ____John Infante________
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040008275                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/07/21                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  310  |131.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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