RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 October 2005
      DOCKET NUMBER:  AR20040009580


      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. Robert J. McGowan             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Jose A. Martinez              |     |Member               |
|     |Ms. LaVerne M Douglas             |     |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 his effective date of promotion be adjusted
and that he receive all due back pay and allowances.

2.  The applicant states that he was not promoted at the appropriate time
because he lacked a valid security clearance.  He adds he did everything he
could in advance of his promotion date to obtain his clearance.

3.  The applicant provides:

      a.  A self-authored letter dated 28 October 2004.

      b.  A copy of email from his unit security manager, dated 17
September 2003, stating, as of 28 January 2003, his security clearance was
valid, but that he was awaiting adjudication.

      c.  A copy of a memorandum for record, dated 28 January 2003, from
his unit security manager, subject:  Verification of Security Clearance.

      d.  A copy of US Army Human Resources Command (HRC) – St. Louis,
Missouri, dated 16 June 2004, subject:  Promotion as a Reserve Commissioned
Warrant Officer of the Army, showing an effective date of promotion of 16
June 2004, with a date of rank of 5 August 2003 (sic).

      e.  HRC-St. Louis web site document, subject:  Promotion Information.

      f.  Permanent Orders 064-001, Headquarters, US Army Fort Dix, dated
5 March 2003, directing overseas deployment of the applicant's unit.

      g.  NATO Travel Order Number 064-001.

CONSIDERATION OF EVIDENCE:

1.  The applicant is a Chief Warrant Officer Three (CW3) in the US Army
Reserve (USAR) Retired Reserve.  He was selected for promotion by the
Calendar Year (CY) 2002 CW3/CW4/CW5 Promotion Board which adjourned on 9
May 2002.  His projected promotion date and effective date of rank was 5
August 2003.

2.  The applicant stated he completed "security clearance re-verification
forms" and submitted them to his unit security officer in September 2002.
In January 2003, he was mobilized for Operation Iraqi Freedom (OIF).  His
security clearance expired in June 2003 while he was in Southwest Asia.  He
tried every available means to re-verify his clearance prior to his
promotion eligibility date of 5 August 2003.

3.  The applicant was promoted to CW3 with an effective date of 16 June
2004 and a date of rank of 5 August 2003.

4.  In the processing of this case, an advisory opinion was obtained from
the Military Personnel Actions Branch, HRC-St. Louis which states the
applicant did not meet all of the criteria outlined in Army Regulation (AR)
135-155 for promotion to CW3.  Specifically, he did not have a valid
security clearance until 5 August 2003 (sic).  This date is actually the
date the applicant was eligible for promotion, not the date of his security
clearance.  The applicant was provided an opportunity to respond to the
advisory opinion and, on 20 April 2005, he argued that, based on the
advisory opinion, he should have been promoted.

5.  Army Regulation (AR) 635-155 (Promotion of Commissioned Officers and
Warrant Officers Other Than General Officers) prescribes policy and
procedures used for selecting and promoting commissioned officers (other
than commissioned warrant officers) of the Army National Guard of the
United States (ARNGUS) and of commissioned and warrant officers (WO) of the
U.S. Army Reserve (USAR).  It provides, in pertinent part, a warrant
officer who has been recommended for promotion to the next higher grade
must meet the requirements listed below before being promoted in the
Reserve components:  be serving in an active status; be in the zone of
consideration; be medically qualified; have undergone a favorable security
screening; meet standards of the Army Body Composition Program; and be a
satisfactory participant.

6.  AR 604-5 (Department of the Army Personnel Security Program Regulation)
establishes policies and procedures to ensure that the acceptance and
retention of personnel are consistent with national security interests.
The regulation establishes personnel security policies and procedures,
including the granting of security clearances.  It provides, in pertinent
part, that following all forms of background investigation, the
adjudication process is the final step in determining whether a person is
eligible for access to classified information or assignment to sensitive
duties.  Once adjudication is completed, the level of security clearance
granted and the date final clearance is granted are recorded.  This used to
be accomplished on DA Form 873 (Certificate of Clearance and/or Security
Determination), but today it is recorded in Item 11 of the Officer Record
Brief (ORB).

DISCUSSION AND CONCLUSIONS:

1.  The applicant received a security clearance based on an expanded
national agency check in June 1993.  His clearance was valid for 10 years
and expired in June 2003.

2.  The applicant required a valid security clearance in order to be
promoted to CW3.  This means that all investigative efforts must have been
completed, the adjudication process concluded, and a DA Form 873 issued or
the ORB annotated.

3.  The 17 September 2003 email from the applicant's security manager
clearly states that investigative efforts were completed, but the
applicant's security clearance had not yet been adjudicated.  This was more
than 1 month after the applicant's projected promotion date of 5 August
2003.

4.  The applicant's records do not contain a DA Form 873, nor does his ORB
show a final security clearance or date.  A check of records at
Headquarters, US Army Reserve Command, Fort McPherson, Georgia indicates
that the applicant still does not possess a final valid security clearance.
 He does have an interim clearance which was granted in June 2004.

5.  There is no error or injustice in this case.  The applicant has
provided no evidence, nor does the record show that he obtained a valid
final security clearance on or before 5 August 2003.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jea___  __jam___  __lmd___  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.




                                        James E. Anderholm
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009580                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051025                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.0400                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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