RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 September 2005
      DOCKET NUMBER:  AR20050013254


      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 E. Anderholm            |     |Chairperson          |
|     |Mr. Bernard P. Ingold             |     |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 adjustment to his date of rank for first
lieutenant from 18 March 2003 to 19 November 2000.

2.  The applicant states that he was not promoted on time because he had
not completed an officer basic course (OBC) and did not have a security
clearance.  He was enrolled in a master's program for nurse anesthesia
which could not be interrupted.  Other Army Reserve nurses appointed after
him now outrank him.  He could not attend an OBC because he was completing
a program to attain a skill which is a wartime critical shortage for the
Army Nurse Corps (ANC).  The OBC requirement was waived in 2004 for those
currently in training, but provided no retroactive provision for him.  He
applied for his security clearance on commission, but his unit failed to
submit it.

3.  The applicant provides copies of a memorandum from the Chief, ANC,
Headquarters, Academy of Health Sciences, Fort Sam Houston, Texas.  The
applicant states on his DD Form 149 (Application for Correction of Military
Record) that he submits a copy of the memorandum waiving the OBC
requirement for current Army Reserve officers in a training status;
however, the memorandum was not attached to the submitted DD Form 149.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was appointed in the
United States Army Reserve, ANC, as a second lieutenant effective 20
January 2000, with 14 months constructive service credit (CSC).  Based on
the awarded CSC his date of rank for second lieutenant was adjusted to
20 November 1998.

2.  Based on the required 2 years minimum time in grade, his promotion
eligibility date for first lieutenant was 19 November 2000.

3.  He was assigned to the National Army Medical Department (AMEDD)
Augmentation Detachment, Specialized Training Assistant Program (STRAP)
effective 26 September 2001 and subsequently completed a Nurse Anesthesia
program.  He was released from the STRAP and assigned to a Reserve unit
position effective 1 April 2002.

4.  He completed the AMEDD OBC effective 26 July 2002.

5.  In a Memorandum for Record (MFR), dated 11 September 2003, the Chief,
Military Personnel Actions Branch, Human Resources Command (HRC) – St.
Louis, Missouri, stated that the applicant could not be promoted at his
promotion eligibility date of 19 November 2000, because all promotion
qualifications were not met.  The applicant was promoted when all
requirements were met.  The effective date of promotion was 18 March 2003,
in accordance with Army Regulation 135-155, paragraph 4-8.

6.  A Promotion Memorandum, dated 11 September 2003, was issued to the
applicant indicating his promotion effective date and date of rank for
first lieutenant as 18 March 2003.

7.  The Soldier Management System (SMS), HRC – St. Louis, shows that on
12 February 2002, the HRC advised the applicant of his eligibility for
promotion to first lieutenant.  On 23 September 2002, the HRC advised the
applicant that he needed a security clearance to be promoted.  The SMS
further shows that on 11 September 2003, the applicant was issued a MFR
explaining advancement of his date or rank due to a security clearance
matter.

8.  The applicant submits a memorandum from the Chief, ANC, Fort Sam
Houston, Texas, dated 9 September 2005.  In the memorandum, the Chief
states that she endorses the applicant's appeal and requests favorable,
expeditious Board action. The Chief also states that, "Army Regulation 135-
155 waived the OBC requirement for STRAP participants in 2004.  HRC, St.
Louis no longer requires a security clearance for promotion to first
lieutenant.  It is imperative that this record be corrected immediately as
it adversely affects the current needs of the ANC and future retention.
Further, all officers with the same situation should be considered for an
exemption (grandfather clause) and be awarded a corrected date of rank as
appropriate."

9.  Army Regulation 135-155 prescribes the policies and procedures for
promotion of Reserve officers.  The regulation specified that officers
appointed after 1 October 1996, for promotion to first lieutenant,
required completion of 2 years time in grade and completion of a branch
OBC.  The regulation also specified that to be eligible for consideration
for promotion to the next higher grade, a Reserve officer must have
continuously performed service in an active status for 1 year from the
date they entered into service.

10.  Army Regulation 135-155, with an effective date of 18 July 2004,
specifies that promotion to first lieutenant requires completion of 2
years time in grade and completion of a branch OBC.  This regulation also
specifies that STRAP participants do not have to complete the AMEDD
resident OBC until 3 years after the completion of their STRAP training
program.

11.  Army Regulation 135-155, also specifies that an officer in the grade
of second lieutenant will be considered for promotion without review by a
promotion selection board.  The officer's records will be screened to
determine eligibility for promotion to first lieutenant far enough in
advance to permit promotion on the date promotion service is completed.
The promotion authority will ensure that a favorable security screening is
completed before announcing a promotion. Paragraph 4-8 of this regulation
specifies that the promotion will not be earlier than the date the officer
is determined qualified for promotion.  A MFR will be prepared to explain
the later promotion date.  A copy of the promotion notice and the MFR will
be placed in the officer's official military personnel file.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that under the STRAP he was not required to
complete the AMEDD OBC for promotion to first lieutenant has been noted.
Completion of the AMEDD OBC was not the reason for his promotion delay.

2.  In accordance with the prior and current edition of Army Regulation 135-
155, as a STRAP appointed AMEDD officer, the requirement for completion of
an OBC prior to promotion to first lieutenant was not required.  The
applicant had up to 3 years to complete an AMEDD OBC upon the completion of
his STRAP training program, which he completed in January 2002, without a
delay in promotion to first lieutenant.

3.  Through no fault of the applicant, an interim clearance was not
obtained within the 2 years from the date of his appointment to the date
of his promotion eligibility date.  The applicant was not advised until
23 September 2002, that he could not be promoted on his promotion
eligibility date because all promotion qualifications were not met, i.e.,
the lack of a security clearance.  The applicant was not granted a
security clearance until 18 March 2003, 3 years after his appointment.
The applicant’s actions did not contribute to the unreasonable delay and
he should not be penalized by a late promotion.

4.  In view of the circumstances in this case, the applicant is entitled to
correction of his promotion effective date and date of rank for first
lieutenant to 19 January 2001, the date he completed 1 year of continuous
service in an active status.  While the applicant was appointed with 14
months CSC and an adjusted date of rank of 20 November 1998, he signed his
oath of office effective 20 January 2000; therefore, he had not completed 1
year of continuous service in an active status on his promotion eligibility
date of 19 November 2000.


5.  Pertinent regulations show a security clearance is a condition of
appointment and promotion.  Pertinent regulations also show 1 year of
continuous service in an active status is required for consideration for
promotion to the next higher grade.  The applicant was eligible for
promotion to first lieutenant, as early as 19 January 2001.  Through no
fault of his own the applicant was not timely promoted to first lieutenant.

6.  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

___jea___  ___bpi__  ___mjf___  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
first lieutenant with a promotion effective date and date of rank of 19
January 2001, with entitlement to back pay and allowances based on this
adjustment.

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
adjustment to his date of rank for first lieutenant to 19 November 2000.




                                  _________James E. Anderholm_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050013254                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050922                                |
|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.                      |                                        |


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