RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 October 2005
      DOCKET NUMBER:  AR20050015045


      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. Vick                 |     |Chairperson          |
|     |Mr. Conrad V. Meyer               |     |Member               |
|     |Ms. Linda M. 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, in effect, adjustment to his date of rank for
first lieutenant from 17 July 2003 to 9 April 2001.

2.  The applicant states that he was commissioned on 16 September 2000 with
1 year, 5 months, and 7 days of constructive service credit (CSC) and his
date of rank was adjusted to 9 April 1999.  He was not promoted on time
because he had not completed the 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.  He could not attend OBC because
he was completing a program to attain a skill which was a war-time critical
shortage for the Army Nurse Corps (ANC).  The OBC requirement was waived in
2004 for those in training now but provided no retroactive provisions for
him.  He applied for his security clearance when he was commissioned but
his unit failed to submit it.

3.  The applicant provides a copy of a memorandum from the Chief, ANC,
Headquarters, Academy of Health Sciences, Fort Sam Houston, Texas.

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 16
September 2000, with 1 year, 5 months, and 7 days CSC.  Based on the
awarded CSC his date of rank for second lieutenant was adjusted to 9 April
1999.

2.  Based on the required 2 years minimum time in grade, his promotion
eligibility date for first lieutenant was 8 April 2001.

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

4.  He completed the AMEDD OBC effective 25 July 2003.

5.  In a Memorandum for Record (MFR), dated 7 November 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 8 April 2001, because all promotion
qualifications were not met.

The applicant was promoted when all requirements were met.  The effective
date of promotion was 17 July 2003, in accordance with Army Regulation 135-
155, paragraph 4-8.

6.  A Promotion Memorandum, dated 7 November 2003, was issued to the
applicant indicating his promotion effective date and date of rank for
first lieutenant as 17 July 2003.

7.   He was mobilized effective 30 December 2004 and is currently serving
on active duty.

8.  The applicant submits a memorandum from the Chief, ANC, Fort Sam
Houston, Texas, dated 21 October 2005.  The memorandum states that she
endorses the applicant's appeal and requests favorable, expeditious Board
action.  The memorandum also states that at the time of commissioning the
applicant was in a Master's Program for nurse anesthesia and received
STRAP training funds for this critical war-time nursing specialty.  Upon
graduation from this program in 2002, the applicant attended OBC.  The
applicant was advised that he could not be promoted because his unit had
failed to submit him for a security clearance.  The memorandum further
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 October 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 7
November 2003, 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 17 July 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 15 September 2001, the date he completed 1 year of continuous
service in an active status.  While the applicant was appointed with 1
year, 5 months, and 7 days CSC and an adjusted date of rank of 9 April
1999, he signed his oath of office effective 16 September 2000; therefore,
he had not completed 1 year of continuous service in an active status on
his promotion eligibility date of 8 April 2001.

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 15 September 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

_CVM___  _JEV____  _LMB___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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 15
September 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 9 April 2001.




                                  __    James E. Vick_    __
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR200500015045                          |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/10/26                              |
|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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