RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 December 2005
      DOCKET NUMBER:  AR20050002120


      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. John T. Meixell               |     |Chairperson          |
|     |Mr. Richard G. Sayre              |     |Member               |
|     |Ms. Maribeth Love                 |     |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, adjustment to her date of rank for
captain.

2.  The applicant states that her date of rank for first lieutenant was
adjusted by the board.  She was selected by the captain board at the
earliest opportunity she had to file a packet.  She should have been able
to present a packet for captain much earlier.  In addition, there were
delays from apparent change in the 642nd staff that lost her file to cut
the orders and confusion regarding the validity of her security clearance
which was valid when she was deployed to Kuwait.  She also completed an
Army Physical Fitness Test (APFT) in Kuwait in April 2004 and passed.  It
has taken her years to straighten this out due to the filing and waiting
periods required to fulfill the requirements of the process.

3.  The applicant provides copies of her Appointment Memorandum, her
Selection of United States Army Reserve (USAR) Appointment Without
Concurrent Call to Active Duty memorandum, her USAR commissioned officer
appointment memorandums, her Service School Academic Evaluation Report, her
security clearance applications, her promotion memorandum for first
lieutenant, her physical profile, her APFT Scorecard, her officer
evaluation report for the period 28 July 2003 through 13 April 2004, and
her DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show she was appointed in the USAR,
Specialist Corps, as a second lieutenant effective 26 August 1998, with
6 months and 2 days constructive service credit (CSC).  Based on the
awarded CSC, her date of rank for second lieutenant was adjusted to 24
February 1998.

2.  On 13 November 1998, the Chief, Active Duty Appointments Division,
Total Army Personnel Command, St. Louis, Missouri, notified the applicant's
unit of the responsibility to initiate a security clearance.  On 11
December 1998, the Deputy Chief of Staff, Personnel, Headquarters, 81st
Regional Support Command, Birmingham, Alabama, notified the applicant's
medical support unit of the responsibility to initiate a security
clearance.

3.  Based on the required 2 years maximum time in grade (MTIG), her MTIG
date for promotion to first lieutenant was 23 February 2000.

4.  She completed the Army Medical Department (AMEDD) Officer Basic Course
effective 16 June 2000.

5.  She entered on active duty effective 23 March 2003 in support of
Operation Noble Eagle.  She was released from active duty effective 12 May
2004 and transferred to a Reserve unit.

6.  On 22 September 2003, the Director, Personnel Actions and Services,
Army Reserve Personnel Command, St. Louis, Missouri, issued the applicant a
corrected promotion memorandum indicating her promotion to first lieutenant
effective 23 February 2000.

7.  She was considered and selected for promotion to captain by the 2004
AMEDD Reserve Components Selection Board (RCSB) that convened on 21 January
and recessed on 13 February 2004.  The President approved the board results
on 10 June 2004.

8.  She was promoted to captain effective 22 November 2004, with a date of
rank of 3 November 2004.

9.  Based on the required 5 years time in grade, her MTIG for promotion to
captain was 22 February 2005.

10.  In an advisory opinion, dated 13 July 2005, the Chief, Promotions
Branch, Office of Promotions, Reserve Components, Army Human Resources
Command (AHRC) – St. Louis, Missouri, stated that based on the applicant's
corrected date of rank for first lieutenant of 23 February 2000, her
promotion eligibility date (PED) for captain was 22 February 2005.  She was
selected for promotion with that PED by the 2004 Reserve Components AMEDD
Selection Board.  No captain AMEDD selection board prior to the 2004 board
considered first lieutenants for promotion to captain with a date of rank
later than 30 June 1999; therefore, the 2004 board was the earliest board
the applicant was eligible for.  She was promoted to captain by the
Military Personnel Action Branch (PAP-A), AHRC, on orders dated 22 November
2004, with a date of rank of 3 November 2004.  The applicant furnished
documentation to verify that she had applied for an updated security
clearance in February 2002; however, the security clearance was not
completed until 21 September 2004.  The PAP-A branch received verification
of the applicant completing and passing the APFT on 2 April 2004.  She was
not assigned to the higher graded position until 3 November 2004;
therefore, that was the earliest date of rank she was eligible for.  In
view of the facts presented, it was recommended that the applicant's
request be disapproved.

11.  The advisory opinion was forwarded to the applicant for
acknowledgement and/or rebuttal on 20 July 2005.  In her rebuttal, dated
2 August 2005, the applicant stated at the time of her deployment to Kuwait
in 2003, personnel at Fort Jackson, South Carolina, pushed her application
through so that she could deploy as ordered.  It was called to her
attention that her security clearance in March 2003 was still not in the
process of being investigated for final clearance and therefore she would
not be allowed to deploy overseas until the application was fully
processed.  She was informed in July 2003 that she was "cleared" for
deployment.  In Kuwait she was assigned a security code to access the
Pentagon mainframe for the purpose of her assignment.  Upon completion of
her deployment, she was shocked to discover that her security clearance was
still in question.  She feels that she has been penalized for the lack of
having a security clearance over the past 6 years.  The lack of a security
clearance has delayed her change in rank from second lieutenant to captain.


12.  Army Regulation 135-155 prescribes the policies and procedures for the
promotion of Reserve officers.  This regulation specifies that completion
of 5 years time is grade is required before promotion to captain.  An
officer selected for the first time for promotion to the next higher grade
may be promoted on or before the date that he/she completed the maximum
service provided that officer is serving in a position requiring the higher
grade or assigned to the Individual Ready Reserve or as an Individual
Mobilization Augmentee (IMA).  When the board approval date is prior to
assignment to the position in a higher grade, the effective date of
promotion will be the date of assignment to a higher-grade position.

13.  Army Regulation 135-155 also specifies that promotion authorities will
ensure that a favorable security screening is completed before announcing a
promotion.

DISCUSSIONS AND CONCLUSIONS:

1.  The applicant is entitled to correction of her promotion effective date
and date of rank for captain to 3 November 2004, with entitlement to back
pay and allowances.

2.  The Director, Personnel Actions and Services, Army Reserve Personnel
Command, St. Louis, Missouri, issued the applicant a corrected promotion
memorandum, dated 22 September 2003, adjusting her promotion effective and
date of rank for first lieutenant to 23 February 2000.  She was considered
and selected for promotion to captain by the 2004 AMEDD RCSB, as this was
the earliest board the applicant was eligible for based on her date of rank
for first lieutenant.  The AHRC verified that the applicant's security
clearance was completed on 21 September 2004, she had completed and passed
the APFT on 2 April 2004, and she was assigned to a higher graded position
on 3 November 2004.  Based on her assignment to a captain's position on 3
November 2004, this was the earliest promotion effective date and date of
rank for captain she was eligible for.

3.  The Chief, Reserve Appointments, Total Army Personnel Command, normally
notifies appointed officer's units of their responsibility to initiate a
security clearance and the applicant’s units were made aware as early as
November and December 1998.  It appears that the applicant was not granted
an interim clearance until her deployment in 2003.  Through no fault of the
applicant, her completed security clearance was not granted until 21
September 2004.  However, the delays in the applicant being granted a
security clearance was not the reason for her promotion delay to captain.

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

BOARD VOTE:

___JTM_  __MBL__  __RGS___  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 by
showing he was promoted to captain with a promotion effective date and date
of rank of 3 November 2004, with entitlement to back pay and allowances
based on this adjustment.




                                  ____John T. Meixell_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002120                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051201                                |
|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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