RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 October 2005
      DOCKET NUMBER:  AR20050005979


      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. Beverly A. Young              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James Vick                    |     |Chairperson          |
|     |Mr. Conrad Meyer                  |     |Member               |
|     |Ms. Linda Barker                  |     |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 date of rank (DOR) to master sergeant
(MSG) be changed to 1 December 2004 and that he be awarded all back pay and
allowances to which he is entitled.

2.  The applicant states he made the November 2004 promotion list for E-8,
but he was not promoted on 1 December 2004 based on his sequence number.
He states that the lack of communication resulted in his security clearance
application being processed too slowly.

3.  The applicant provides a supplemental letter and emails from a
noncommissioned officer at Fort Eustis, Virginia and his personnel security
officer.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 16 August 1983 and
continued to serve on active duty through a series of reenlistments.  He
was promoted to sergeant first class with an effective date and DOR of 1
December 1997.  The applicant is currently serving on active duty in the
rank of MSG.

2.  The applicant was first considered for promotion to MSG in February
1999.

3.  The applicant was considered and selected by the Fiscal Year (FY) 2005
MSG Promotion Selection Board.  Promotions from that list were made through
his sequence number on 1 December 2004.  However, he was not fully
qualified to be promoted to MSG because he failed to meet the security
clearance requirements at that time.

4.  The applicant was contacted by an email dated 4 February 2004 regarding
his security clearance.  He was instructed to provide two fingerprint
cards; to list all of his assignments from seven years ago; to sign the
required four places; and to make sure he filled out the two attached forms
and mail them back.

5.  The applicant received an email from his personnel security officer on
11 April 2005 which lists the dates related to the processing of his
electronic personnel security questionnaire (EPSQ).  In April 2003, the
personnel security officer received the applicant's EPSQ dated 18 March
2003 and it was returned for corrections in May 2003.  In October 2003, the
EPSQ was returned again for corrections and fingerprints.  On 23 November
2004, the personnel security officer received the applicant's EPSQ dated 16
November 2004.  The email indicates that during the period November 2004
and January 2005, requests for interim clearances were made, but they were
disapproved.  The applicant's security clearance was granted on 14 March
2005.  The email also indicates that a memo was faxed to the Promotions
Branch on 5 April 2005 informing them of the applicant's secret clearance
and to publish promotion orders.

6.  In the processing of this case, a staff advisory opinion was obtained
from the Deputy Chief of Promotions Branch at U.S. Army Human Resources
Command, Alexandria, Virginia.  The opinion states the applicant was
selected for promotion by the FY 2005 MSG Selection Promotion Board.
Promotions were made through his sequence number on 1 December 2004;
however, he was not promoted based on not meeting the security requirement.
 The opinion references Army Regulation 600-8-19, paragraph 1-16, which
states promotion to MSG and Sergeant Major (SGM) requires a favorable
National Agency Check, Local Agency Check and Credit Check (NACLC) or a
security clearance of secret or higher.  The opinion states the applicant
was promoted on 6 April 2005 with an effective date and DOR of 14 March
2005, the day his secret clearance was granted.  The opinion states that
the applicant was not fully qualified for promotion to MSG until he met the
security requirement; therefore, he was not entitled to a retroactive
promotion.  The Deputy Chief of the Promotions Branch concluded that the
applicant’s request to adjust his DOR to MSG would afford him an unfair
advantage not given to other Soldiers and recommended that the applicant's
request be denied.

7.  A copy of the advisory opinion was provided to the applicant in order
to allow him to submit a comment or rebuttal.  The applicant states he
initially submitted his security information to his current unit in January
2003 to be processed and reviewed for accuracy by his S-2.  The security
office received his EPSQ in March 2003 and returned it to his S-2 for
corrections in May 2003.  He states he did not hear anything from his S-2
until October 2003.  He was told his EPSQ information was lost because his
father-in law's information was incorrect.  Once his security information
was processed, it took four months to complete.  He states he sent his
completed EPSQ a total of five times from March 2003 to November 2004.  He
believes his security clearance was not granted in a timely manner because
it was not being worked and not because of the process taking an extended
amount of time.

8.  On 30 September 2005, the unit personnel security officer informed the
Board analyst that the applicant's security clearance had been revoked (for
an unknown reason) in October 1986.



9.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) governs
the enlisted promotions and reductions function of the military personnel
system.  Paragraph 1-16 of this regulation governs the security clearance
requirements for promotion.  Specifically, it states that promotion to MSG
and SGM requires a favorable NACLC or a security clearance of Secret or
higher.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was selected for promotion
by FY2005 MSG Promotion Selection Board and promotions were made through
his sequence number on 1 December 2004.  However, in accordance with the
governing regulation, the applicant was not fully qualified for promotion
to MSG until he met the security clearance requirements.  Therefore, he
could not be promoted until his clearance was finalized.

2.  The email from the applicant's personnel security officer indicates his
clearance was completed on 14 March 2005 and he was promoted on that date.


3.  His clearance had been revoked in October 1986.  Steps to reinstate his
clearance were not initiated until April 2003 and not finalized until March
2005.  Although the applicant contends that the lack of communication
resulted in his security clearance application being processed too slowly,
the evidence of record shows he was properly contacted during the
processing of his EPSQ.  Evidence shows that when all of the required
documentation was received and processed, his security clearance was
granted in a timely manner.  Therefore, there is no basis for adjusting the
applicant's DOR to MSG to 1 December 2004.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JV______  CM______  LB______  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 Vick____________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050005979                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051026                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |131.0500                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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