RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           10 November 2005
      DOCKET NUMBER:   AR20050004487


      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:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Michael J. Flynn              |     |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, promotion to sergeant/E-5 (SGT/E-5).


2.  The applicant states, in effect, he enlisted in the Army for training
in military occupational specialty (MOS) 74C (Telecommunications Operator
Maintainer), which required he have a Top Secret/Special Compartmental
Information (TS/SCI) security clearance.  He claims his chain of command
unlawfully revoked his security clearance, and insisted he could not be
promoted to SGT/E-5 without a TS/SCI security clearance because it was
required to perform duties in MOS 74C.  He claims he later found out he had
a TS/SCI clearance and his unit commander conspired to keep this
information from him.

3.  The applicant provides the following documents in support of his
application:  Equal Opportunity Complaint, dated 10 December 2003;
Developmental Counseling Form (DA Form 4856), dated 17 December 2003;
Physical Profile (DA Form 3349), dated 19 December 2003; Sworn Statement
(DA Form 2823), dated 5 January 2004; DA Form 4856, dated 2 March 2004;
Unexecuted Record of Proceedings (Article 15); Request for Mental Health
Consultation (TAMC Form 108), dated 4 March 2004; Report of Unfavorable
Information for Security Determination (DA Form 5248-R), dated 9 March
2004; and Applicant Request for Grade Determination, dated 12 July 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows he served on active duty in the Regular
Army (RA) for 3 years, 3 months and 1 day, from 56 January 1988 through 5
April 1991, at which time he was honorably released from active duty at the
expirations of his term of service (ETS).  The separation document (DD Form
214) he was issued at the time confirms he held the rank of corporal (CPL)
and had served in military occupational specialty (MOS) 11B (Infantryman).


2.  On 12 March 2003, the applicant enlisted in the RA for four years for
training in MOS 74C (Telecommunications Operator) and reentered active duty
in the rank of specialist (SPC).

3.  The applicant’s Military Personnel Records Jacket (MPRJ) contains no
indication that he was ever recommended for promotion to sergeant (SGT) by
a properly constituted promotion selection board, or that he was ever
promoted to this rank by proper authority.

4.  On 11 December 2003, the applicant was issued a permanent 3 profile
based his medical condition of left hip and low back pain.  The Physical
Profile (DA Form 3349) issued to him at the time indicated he was being
recommended for a Medical Evaluation Board (MEB).

5.  On 17 December 2003, the applicant was counseled regarding the status
of his security clearance.  He was informed that the formal investigation
process through the Central Clearance Facility (CCF) could take from six to
eighteen months, and that his local interim clearance had expired.  He was
also notified that based on his pending MEB, his commander recommended no
further action be taken on his security clearance.

6.  On 12 February 2004, the applicant was counseled regarding his failure
to qualify for attendance at the promotion board.  He was informed that he
was unable to compete for promotion because he did not possess a top secret
clearance, which was required for his MOS.

7.  On 19 February 2004, the Chief, Assistance Division, Department of the
Army (DA), Office of The Inspector General (OTIG), responded to a Member of
Congress regarding the applicant’s security clearance.  The DA OTIG
representative informed the Member of Congress that the applicant’s command
properly notified the Defense Investigative Service that the background
check on the applicant top secret clearance need not be continued due to
his impending medical discharge.

8.  On 8 March 2004, a MEB evaluated the applicant and diagnosed him with
chronic left hip pain and lower back pain.

9.  On 9 March 2004, a Report of Unfavorable Information (DA Form 5248)
shows the applicant was command referred to the mental health clinic for
evaluation based on his verbal expressions of anger.  The applicant was
held overnight for observation.  He was diagnosed with an adjustment
disorder, with mixed disturbance of emotions and conduct, and it was
recommended his access be suspended.  The commander recommended the
applicant’s security clearance be revoked.

10.  On 9 March 2004, the applicant was counseled regarding his promotion.
He was informed that he was not being recommended for promotion because of
his lack of leadership qualities, history of derogatory counseling, and his
inability to control his anger.

11.  On 25 March 2004, the applicant concurred with the MEB findings and
recommendations, and he was referred to a Physical Evaluation Board (PEB).
 The PEB ultimately recommended the applicant’s separation for physical
disability with severance pay, and the applicant ultimately concurred with
the findings and recommendation of the PEB on 25 May 2004.

12.  On 7 September 2004, the applicant was separated by reason of physical
disability with severance pay.  The DD Form 214 documenting this period of
active duty service, as amended by a correction (DD Form 215), dated
9 February 2005, confirms he held the rank of private first class (PFC) on
the date of his separation, and that he had been reduced to that rank on 5
August 2004.

13.  Army Regulation 380-67 (Personnel Security Program) establishes
policies and procedures to grant personnel access to classified
information.  Appendix C contains guidance on investigation request
procedures.  It state that to conserve investigative resources and to
ensure that personnel security investigations are limited to those
essential to current operations and are clearly authorized by DOD policies,
organizations requesting investigations must ensure that continuing command
attention is given to the investigative request process.  It further
states, in pertinent part, to ensure that military personnel on whom
investigative requests are initiated will have sufficient time remaining in
service after completion of the investigation to warrant conducting it; and
that the Defense Investigative Service, Personnel Investigations Center
will be promptly notified if an investigation is no longer needed.

14.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) provides
the Army’s enlisted promotion and reduction policy.  Paragraph 1-10
contains guidance on when Soldiers’ are in a non-promotable status.  It
states, in pertinent part, that a Soldier is in a non-promotable status
when he/she is without appropriate security clearance or favorable security
investigation for promotion to the grade and MOS; and when they are
undergoing a medical evaluation proceeding to determine their ability to
perform in the recommended MOS.

15.  Paragraph 1-16 of the promotion regulation contains security clearance
requirements.  It states, in pertinent part, that promotion to SPC through
sergeant first class (SFC) requires the clearance required by the promotion
MOS or an interim clearance at the same level.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for promotion, his contentions that his
security clearance was unjustly revoked and the supporting documents he
provided were carefully considered.  However, there is insufficient
evidence to support his claims.

2.  By regulation, in order to qualify for promotion to SPC through SFC, a
member must hold the security clearance required for the MOS, or an interim
clearance of the same level.  Further, Soldiers undergoing medical
separation processing are in a non-promotable status.  In this case, the
evidence of record confirms the applicant was identified to undergo
separation processing through medical channels based on a diagnosed
disqualifying medical condition.  As a result, his security clearance
investigation was appropriately stopped and he entered a non-promotable
status.

3.  Further, the applicant’s disciplinary history reveals that he also
underwent counseling for conduct and performance issues, and was ultimately
reduced to PFC as a result of the imposition of NJP.  Therefore, there does
not appear to be any error or injustice related to the applicant not being
promoted to SGT that would support granting the requested relief at this
time.

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

________  ________  ________  GRANT FORMAL HEARING

___MKP _  ___LDS_  ___MJF _  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.




            ____Margaret K. Patterson___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050004487                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/11/10                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2004/09/07                              |
|DISCHARGE AUTHORITY     |AR 635-40                               |
|DISCHARGE REASON        |Disability with Severance Pay           |
|BOARD DECISION          |Deny                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  310  |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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