RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 September 2005
	DOCKET NUMBER:  AR20050001174 


	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. Stephanie Thompkins

Analyst


The following members, a quorum, were present:


Mr. James C. Hise

Chairperson

Mr. Thomas E. O'Shaughnessy

Member

Mr. Patrick H. McGann Jr.

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 correction to his date of rank for major to 5 March 2002.

2.  The applicant states that he was selected for promotion to major by the 2001 promotion selection board and met all the requirements for promotion on 5 March 2002.  The Hawaii Army National Guard (HIARNG) failed to promote him.  He submitted paperwork several times and the paperwork was misplaced or lost by the ARNG administrative personnel.  He was eventually transferred to the Individual Ready Reserve (IRR) on 9 November 2003 before getting promoted.  While assigned to the IRR, he was promoted to major; however, due to his pending top secret clearance, a promotion memorandum was never published.  He has since been promoted to major by the 9th Regional Readiness Command (9th RRC) effective 9 January 2004.  He is currently mobilized in support of Operation Enduring Freedom/Operation Iraqi Freedom. 

3.  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.  He temporarily accepted a captain's position to learn the challenges of mobilizing Soldiers.  His delay expired on 25 July 2004.

4.  The applicant provides copies of his Eligibility for Promotion Notification Memorandum, his Security Clearance Verification Statement Memorandums, his assignment orders, his ARNG separation orders, his promotion memorandum for major, and email correspondence from an officer with the 9th RRC.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was appointed in the HIARNG as a second lieutenant effective 20 August 1989, with prior enlisted service.  

2.  He was promoted to first lieutenant effective 19 August 1992 and to captain effective 6 March 1995.

3.  He was considered and selected for promotion to major by the 2001 Reserve Components Selection Board which recessed on 5 April 2001.  The President approved the board results on 27 June 2001.

4.  On 26 July 2001, the US Total Army Personnel Command, St. Louis, issued an Eligibility for Promotion as a Reserve Commissioned Officer Not on Active Duty memorandum, which indicated the applicant's selection for promotion to major by the 2001 Reserve Components Selection Board.  The memorandum also advised the applicant's effective date of promotion would be either of the following dates:  a. the promotion effective date (PED) of 5 March 2002, b. the date Federal Recognition was extended in the higher grade, or c. the date following the date Federal Recognition is terminated in the current Reserve grade. 

5.  Based on the required 7 years maximum time in grade, his PED for major was 5 March 2002.

6.  On 4 August 2002, he elected a delay of promotion to major until July 2004.  His request was approved on 17 September 2002.

7.  On 20 August 2003, the HIARNG prepared a memorandum for record that stated the applicant was granted an interim security clearance on 20 August 2003.

8.  He was separated from the HIARNG, as a captain, effective 19 November 2003 and transferred to the IRR. 

9.  On 13 January 2004, the Human Resources Command (HRC) – St. Louis, published Orders C-01-400816, reassigning the applicant from the IRR, as a major, to a Reserve unit effective 9 January 2004.

10.  On 24 June 2004, the 9th RRC, prepared a Verification of Personnel Security Investigation and Clearance memorandum stating the applicant was granted a top secret clearance on 3 May 2004.

11.  He was mobilized for deployment on active duty effective 12 August 2004.

12.  He was issued a promotion memorandum, dated 2 November 2004, indicating his promotion effective date and date of rank for major was 9 January 2004.

13.  He submits documentation that shows he was advised by an officer of the 9th RRC that he had been transferred from the IRR to the 9th RRC as a major.

14.  Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve and ARNG officers.  This regulation specifies that ARNG officers will be considered for promotion by mandatory promotion boards and promotion to major requires completion of the 7 years maximum time in grade as a captain.  The regulation also specifies that an officer may request a delay of promotion and a voluntary promotion delay may be granted for up to 3 years.  It also specifies that if an officer accepts a promotion prior to the expiration of a voluntary delay of promotion, the effective date will be the date of acceptance and extension of Federal Recognition.  It is further specified that if an officer has a maximum time in grade date prior to the acceptance date during a delay, he/she is not entitled to their original maximum time in grade date.

15.  Army Regulation 135-155 also specifies that at the end of an approved period of delay, an ARNG officer must choose to be promoted in the higher grade if a higher grade position is made available.  If there is no higher grade position and the officer wants to be promoted, his/her Federal recognition will be withdrawn and they will be transferred to the IRR and promoted on the date after transfer to a non-unit status.  If they choose to decline the promotion they will be removed from the promotion list.  Officers who transfer from ARNG status to a Reserve unit status at the expiration of an approved period delay are promoted effective the date of the transfer.

16.  Army Regulation 135-155 further specifies that promotion authorities will ensure that a favorable security screening is completed to include an interim clearance before announcing a promotion.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is entitled to correction of his promotion effective date and date of rank for major to 20 November 2003, the day after his transfer to the IRR, with entitlement to all back pay and allowances.

2.  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.  He was reassigned to a Reserve unit effective 9 January 2004 and promoted to major the same day.  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 transfer.  Through no fault of his own, the applicant was not timely promoted to major.  The applicant’s actions did not contribute to the unreasonable delay and he should not be penalized by a late promotion.

3.  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.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the individual concerned was promoted to major with a promotion effective date and date of rank of 20 November 2003, the date after his transfer to the Individual Ready Reserve, with entitlement to all back pay and allowances.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correction of his date of rank to major to 5 March 2002.  




______________________
          CHAIRPERSON




INDEX

CASE ID
AR20050001174
SUFFIX

RECON

DATE BOARDED

TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT PARTIAL 
REVIEW AUTHORITY

ISSUES         1.
131.00
2.
131.05
3.

4.

5.

6.