RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 July 2006
      DOCKET NUMBER:  AR20050016783


      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. Karl L. Briales               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. Marla J. N. Troup             |     |Member               |
|     |Mr. William F. Crain              |     |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 correction to his date of rank for first
lieutenant (1LT) to 12 September 2003.

2.  The applicant states that on 12 September 2003 he qualified for
promotion to 1LT because he had completed the Officer Basic Course (OBC),
possessed a security clearance and had passed his Army Physical Fitness
Test (APFT).  The applicant concludes that his current date of rank (DOR)
for 1LT is 16 May
2005 and his DOR for second lieutenant (2LT) was 12 September 2001.

3.  The applicant provides the following:

      a.  OBC Diploma

      b.  SF Form 86 (Security Clearance Application)

      c.  APFT Form 705

      d.  DA Form 71 (Oath of Military Personnel)

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was appointed a 2LT USAR, Army
Nurse Corps, effective 12 September 2001, with 8 months and 29 days
constructive service credit (CSC).  At the time of his appointment, his
date of rank for 2LT was not adjusted to 14 December 2000, as it should
have been based on his awarded CSC.

2.  Based on the required 2 years minimum time in grade, his promotion
eligibility date (PED) for 1LT was 13 December 2002.  Based on an adjusted
date of rank for 2LT of 14 December 2000 and the required 2 years minimum
time in grade, his PED for 1LT would have been 13 December 2002.

3.  He completed the Army Medical Department (AMEDD) OBC Reserve Component
(RC) effective 25 July 2003.

4. The Soldiers Management Systems (SMS), Human Resources Command - St.
Louis, Missouri, verified that on 4 April 2003, the Army Reserve Personnel
Command administratively downgraded the applicant's security clearance

because the investigation date was outside the 15-year window and a
periodic reinvestigation had not been initiated at that time.  SMS also
verified that the applicant was mailed a security clearance packet on 22
November 2002 and
26 September 2003 for a clearance update.

5.  In an advisory opinion, dated 18 January 2006, the Chief, Promotions
Branch, Office of Promotions, Reserve Components, Human Resources Command
(HRC) – St. Louis, Missouri, stated that they recommended disapproval on
the applicant's request to adjust his DOR.

6.  The opinion also stated that the applicant was considered by the
“2005DW First Lieutenant Administrative Board” and was non-selected.  The
board did not disclose why the applicant was non-selected, however,
information obtained from the applicant's records reflects completion of
the AMEDD OBC on 25 July 2003, completion of a valid APFT as of July 2003,
and that the applicant's security clearance was administratively downgraded
to none because the investigation date was outside the 15 year window and a
periodic reinvestigation had not been initiated as of 4 April 2003.  The
opinion concluded that on 24 April 2005 the applicant was discharged from
the United States Army Reserve, and that there was no additional
documentation that supports his date of rank to be 1LT.

7. The advisory opinion was forwarded to the applicant for acknowledgement/
rebuttal on 27 April 2006.  He did not respond.

8.  Army Regulation 135-155 prescribes the policies and procedures for the
promotion of Reserve officers.  The regulation specified that officers
appointed after 1 October 1996, for promotion to 1LT, required completion
of 2 years time in grade and completion of a branch OBC.  An officer in the
grade of 2LT 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 1LT far enough in advance to permit promotion
on the date promotion service is completed.  The promotion authority will
ensure all promotion qualifications are met, i.e., a current or failed the
APFT within the period required by Army Regulation 350-4, a valid security
clearance, and assignment to a valid position for promotion before
announcing a promotion.

9.  Army Regulation 135-101, prescribes the policies, procedures, and
eligibility criteria for appointment of commissioned officers in the
Reserve in the six branches of the AMEDD.  This regulation provides that
Army Nurse Corps officers will be granted CSC.  For officers appointed with
less than 2 years CSC, the CSC will be used to adjust the officer's date of
rank within the appointed grade.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not
entitled to adjustment to his date of rank for first lieutenant.

2.  The applicant's contention that he qualified to be promoted to first
lieutenant because he had completed OBC, possessed a security clearance and
had passed his APFT has been noted.  However, the applicant and his command
should have been notified of his non-promotable status and the specified
disqualifications.

3.  In view of the foregoing, there is no basis for granting the
applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__wdp___  __mjnt__  __wfc___  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.




                                        William D. Powers
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016783                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060720                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |102.0700                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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