RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 November 2005
      DOCKET NUMBER:  AR20050003446


      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. Stanley Kelley                |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Robert L. Duecaster           |     |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 his date of rank for
lieutenant colonel from 5 March 2004 to the release date of his promotion
selection board.

2.  The applicant states that he was advised that the reason for his date
of rank was because he did not have the required top secret (TS) clearance
on the date the board results were released.  He did in fact have a valid
clearance on that date and for several years prior.  He updated his
existing clearance in 2003 by submitting a periodic review through his
civilian employer, NGA, a Department of Defense Agency.  He had maintained
a current and valid clearance for several years.  He also states that there
is evidence of his clearance status in the Defense Clearance Database
available in the Human Resources (HRC) security section.

3.  The applicant provides no documents in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was appointed in the
United States Army Reserve (USAR) as a second lieutenant effective 29 June
1983, with prior enlisted service.

2.  He was promoted to major effective 2 October 1997.

3.  He was reassigned from a troop program unit to the Individual Ready
Reserve (IRR) effective 19 June 2002 with a TS clearance.  He was
reassigned from the IRR to a troop program unit effective 6 March 2003 with
an interim TS clearance.

4.  He was considered and selected for promotion to lieutenant colonel by
the 2003 Reserve Components Selection Board (RCSB) that convened on
3 September and recessed on 19 September 2003.  The President approved the
board results on 24 January 2004.

5.  He was promoted to lieutenant colonel effective 5 March 2004.

6.  He was granted a TS clearance effective 21 July 2004.

7.  He was mobilized effective 29 November 2004 and is currently serving on
active duty.

8.  In an advisory opinion, dated 6 July 2005, the Chief, Promotions
Branch, Office of Promotions, Reserve Components, HRC – St. Louis,
Missouri, stated that the applicant was selected by the 2003 Lieutenant
Colonel RCSB, which convened on 3 September 2003.  The approval date of
that board was 24 January 2004.  The applicant was given 5 March 2004 as
his date of rank, when an interim security clearance was issued.  The
actual security clearance was awarded on 21 July 2004.  Therefore, in order
to change his date of rank, the applicant would have to provide
documentation to determine that he was in fact awarded a security clearance
in a military capacity prior to 5 March 2004.  In view of the foregoing, it
was recommended the applicant's request be denied.

9.  The advisory opinion was forwarded to the applicant for acknowledgement
and/or rebuttal on 22 July 2005.  He did not respond.

10.  Army Regulation 135-155 prescribes the policies and procedures for the
promotion of Reserve Components officers.  This regulation specifies that
an officer selected for promotion must meet all requirements before being
promoted to include possessing a current (updated) security clearance.
When the officer does not meet the qualifications for promotion, the
effective date of promotion will not be earlier than the later date all
qualifications are met.  Promotion authorities will ensure that a favorable
security screening is completed, to include an interim clearance, before
announcing a promotion.

11.  Army Regulation 135-155 also specifies that only the Secretary of the
Army is authorized to determine whether an officer was unqualified for
promotion during any part of an involuntary delay of promotion and make an
adjustment to an officer's date of rank and effective date.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is entitled to correction of his promotion effective date
and date of rank for lieutenant colonel to 24 January 2004, the
Presidential approval date of the 2003 RCSB, with entitlement to all back
pay and allowances.

2.  The applicant possessed a TS clearance in June 2002 and an interim TS
clearance in January 2003.  He was selected for promotion to lieutenant
colonel by the 2003 RCSB that was approved on 24 January 2004.  He was
promoted to lieutenant colonel effective 5 March 2004 and awarded a TS
security clearance effective 21 July 2004.  The evidence of record shows
the applicant was promoted to lieutenant colonel on a date prior to being
awarded an updated security clearance; therefore, as a matter of equity, it
would be fair to adjust his promotion effective date and date of rank to 24
January 2004, the Presidential approval date of the 2003 RCSB.  Through no
fault of his own, the applicant was not timely promoted to lieutenant
colonel.  The applicant’s actions did not contribute to the unreasonable
delay and he should not be penalized by a late promotion.

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

BOARD VOTE:

_SK_____  _JTM___  _RLD___   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 the individual concerned was promoted to lieutenant colonel with an
adjusted  promotion effective date and date of rank of 24 January 2004,
with entitlement to all back pay and allowances.




                                  __      Stanley Kelley____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003446                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051115                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.00                                  |
|2.                      |131.01                                  |
|3.                      |131.05                                  |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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