RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 January 2007
      DOCKET NUMBER:  AR20060005443


      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. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Larry Racster                 |     |Member               |
|     |Ms. Ernestine Fields              |     |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 7 February 2005 to 4 May 2003 and promotion consideration
to captain under the 2006 year criteria.

2.  The applicant states, in effect, that he submitted a security clearance
package on 3 February 2002 and it did not get processed until 6 October
2003.  He had a record pass physical training score, height and weight, and
security package submitted.  He was eligible for an interim security
clearance.  If he were granted the interim security clearance he would have
also been eligible for promotion to first lieutenant.  He also states that
his current date of rank is based on the new release that having a security
clearance is no longer a criteria for promotion.  After reviewing the
records submitted in his first Electronic Personnel Security Questionnaire
(EPSQ) security clearance request on 2 March 2002[sic], he found that the
papers did not get entered into the system until 6 October 2003.  In
addition, his physical training record shows a record pass in May 2003.  At
that time, the Human Resources Command (HRC), St. Louis, Missouri,
requested a copy of his Army Physical Fitness Test (APFT) Scorecard to get
promotion orders cut.

3.  The applicant further states that he should be granted a date of rank
of 4 May 2003 which would reflect the original date he became eligible for
promotion to first lieutenant.  If he is granted the date of rank
requested, he would also like to be considered for promotion to captain by
the May 2006 board.  His eligibility for this board has been disrupted due
to the unfortunate mishandling of his military records.

4.  The applicant provides copies of his EPSQ security clearance request;
his electronic mail correspondence between the Security Assistant, US Army
Personnel Command, St. Louis, and himself; and his DA Form 705 (APFT
Scorecard), in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was appointed in the
United States Army Reserve, Medical Service Corps, as a second lieutenant,
effective 7 February 2001, with prior enlisted service.

2.  The applicant submits a copy of his EPSQ, dated 16 March 2003.

3.  The applicant submits a copy of his DA Form 705 that shows he passed
his APFT on 4 May 2003.  It is noted the form shows he failed his APFT on
8 December 2002, 8 November 2003, and 7 November 2004.

4.  Based on the required 2 years time in grade, his promotion eligibility
date (PED) for first lieutenant was 6 February 2003.

5.  In email correspondence, dated 29 July 2004, the applicant inquired
about the status of his security clearance.  On 2 August 2004, a Staff
Operations and Training Specialist with the 642nd Area Support Group
requested that the applicant contact him concerning his security clearance.
 On 24 August 2004, the applicant was advised to contact his unit's
Security Manager.

6.  In a memorandum, dated 14 January 2005, the Director of Military
Personnel Management, Office of the Deputy Chief of Staff, G1, implemented
an amendment to policy for promotion of second lieutenants to first
lieutenant.  All Reserve officers in the rank of second lieutenant will be
promoted by the HRC, Office of Promotions, Reserve Components, to first
lieutenant when they meet the 24 months time in grade requirement for
promotion with the exception of the promotion requirements of Army
Regulation 135-155, paragraphs 4-11a (3-5) and 4-13.  HRC, Office of
Promotions, would not promote an officer if the officer was under
suspension of favorable personnel actions.  This policy change was
effective 1 February 2005 and did not allow for retroactive promotion of
officers without security clearances and physicals prior to 10 February
2005.

7.  The applicant was issued a Promotion Memorandum, dated 29 August 2005,
indicating his promotion to first lieutenant with a promotion effective
date and date of rank of 1 February 2005.

8.  In email correspondence, dated 29 August 2005, the Senior Intel Non-
Commissioned Officer, 81st Regional Readiness Command, advised a staff
member of the HRC, St. Louis, that the applicant contacted him in reference
to getting promoted.  He advised the applicant that he did not have a valid
security clearance and was flagged for APFT failure.  The applicant faxed
him the DA Form 268 to remove the flag and the flag was removed effective
May 2003.  He advised the applicant that his date of rank would be 1
February 2005, unless he could submit proof that he had a valid security
clearance before that date.  He advised the applicant that he would have to
go through the Army Board for Correction of Military Records to correct his
date of rank if he could prove his case.

9.  In email correspondence, dated 22 September 2005, the Security
Assistant, US Army Reserve Personnel Command, St. Louis, advised the
applicant that his fingerprints had been received; however, the EPSQ disk
and signature pages were needed to process his security clearance.

10.  In email correspondence, dated 6 October 2005, the Security Assistant,
US Army Reserve Personnel Command, St. Louis, advised a staff member of the
HRC, St. Louis, that the Soldier Management System (SMS), HRC, showed the
applicant did what he needed to do to get his EPSQ submitted on 23 October
2003.  It appears that the applicant's packet was one of the packets that
got lost in the shuffle and unfortunately, the applicant was being
penalized for promotion due to no fault of his own.

11.  The SMS shows his security clearance investigation was completed
effective 13 October 2005.

12.  In an advisory opinion, dated 28 June 2006, the Chief, Special Actions
Branch, Office of Promotions, Reserve Components, HRC, St. Louis, stated
that based on 2 years time grade, the applicant's PED for first lieutenant
was 6 February 2003.  The applicant did not possess all promotion
requirements in effect at the time; therefore, he was not eligible for
promotion.  The applicant's date of rank of 1 February 2005, is based on
the policy change effective
1 February 2005.  The policy states a second lieutenant will be promoted to
first lieutenant with a date of rank of 1 February 2005, without a current
physical, security clearance, and APFT.  The applicant provided an APFT
Scorecard to verify he had passed the APFT on 4 May 2003, and an email,
dated
22 September 2003, concerning his security clearance.  Documentation
concerning the clearance is not a basis to grant the applicant an earlier
date of rank; therefore, 1 February 2005, is his correct date of rank.  The
applicant's case and questions concerning his security clearance should be
forwarded to the Security Office.  If he is granted a clearance prior to
1 February 2005, his case should be returned to the Office of Promotions,
Reserve Promotions, for reevaluation of an earlier date of rank.  In view
of the facts, it was recommended that the applicant's request be denied at
this time.

13.  The advisory opinion was forwarded to the applicant for
acknowledgement or rebuttal on 15 September 2006.  He did not respond.

14.  Army Regulation 135-155 prescribes the policies and procedures for the
promotion of Reserve Component officers.  The regulation specifies that
officers in the grade of second lieutenant may be eligible for promotion
consideration to first lieutenant prior to completion of 2 years time in
grade without review of a selection board.  The officer's records will be
screened to determine eligibility for promotion far enough in advance to
permit promotion on the date promotion service is completed.

15.  Army Regulation 135-155, paragraph 4-11a (3-5) specifies that the
officer must be medically qualified, have undergone a favorable security
screening, and meet standards of the Army Body Composition Program.
Promotion authorities will ensure that a favorable security screening is
completed before announcing a promotion.  The military personnel records
jacket will be screened to ensure that derogatory or unfavorable
suitability information is not contained therein for promotion purposes.
If the results of this screening are favorable, final promotion action may
proceed.  If the screening reveals derogatory or unsuitable information,
the promotion authority will cause a National Agency Check (NAC) to be
conducted.  Final action on the promotion will be withheld until the
results of the NAC are received.

16.  Army Regulation 135-155 also specifies that a first lieutenant will
receive mandatory promotion consideration for promotion to captain upon
completion of 5 years in the lower grade by a mandatory promotion board.
An officer will be considered in advance of his/her maximum time in grade
in order to be promoted on ore before the date that he/she completes the
maximum time in grade.

17.  Army Regulation 135-155 further specifies that promotion consideration
or reconsideration by a special selection board may only be based on
erroneous non-consideration or material error, which existed in the record
at the time of consideration.

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.  He has
not shown error, injustice, or inequity for the relief he now requests.

2.  The applicant contends that he should have been promoted to first
lieutenant effective 4 May 2003, the date he passed his APFT.  The evidence
shows that promotion authorities verified that the applicant had failed the
APFT and did not have a valid security clearance at the time he had
completed 2 years time in grade on 6 February 2003.  The applicant submits
documentation that shows he passed the APFT on 4 May 2003; however, there
is no evidence that he met all the requirements for promotion on 4 May
2003.

3.  There was a policy change dated 14 January 2005 permitting officers
recommended for promotion to first lieutenant to be promoted on the date
they reached the 24 months time in grade without a current physical or
security clearance.  The applicant was promoted to first lieutenant with
an promotion effective date and date of rank of 1 February 2005, based on
the policy change and as an exception to promotion requirements of Army
Regulation 135-155, paragraphs 4-11a (3-5) and 4-13.  The new policy was
not retroactive prior to its effective date of 1 February 2005.  He was
granted a security clearance effective 13 October 2005.

4.  The applicant states that he submitted his EPSQ in October 2003 and
was never issued an interim security clearance; however, there is no
evidence to show an interim clearance was considered prior to his
promotion.  Therefore, he does not have a basis for an earlier date of
rank for first lieutenant.  He was not qualified for promotion to first
lieutenant on 4 May 2003 and did not meet all the requirements for
promotion purposes on or before 1 February 2005.

5.  In order to change his date of rank for first lieutenant to a date
earlier than 1 February 2005, the applicant would have to provide
documentation to support his allegation that he had in fact been awarded an
interim or security clearance in a military capacity on or before that
date.  In this case, the applicant received an earlier date of rank than
the date he was actually granted a security clearance (13 October 2005)
based on the new policy change.

6.  Based on his date of rank of 1 February 2005 and completion of 5 years
time in the lower grade, the applicant's PED for captain is 31 January
2010.  Therefore, he is not eligible for promotion consideration to captain
under the 2006 year criteria by a SSB.

7.  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

__KLW___  __LR___  ___EF___  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.




                                  ____Kenneth L. Wright______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060005443                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070123                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.00                                  |
|2.                      |131.05                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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