RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:     12 December 2006
      DOCKET NUMBER:  AR20060005929


      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. Allen L. Raub                 |     |Chairperson          |
|     |Mr. Frank C. Jones                |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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, an adjustment of his date of rank
for captain to July 2000 and promotion consideration to major by a special
selection board (SSB).

2.  The applicant states, in effect, that through no fault of his own, he
was unable to accept his promotion.  He also states that he was considered
and selected for promotion to captain by the 2000 Army Medical Department
(AMEDD) Reserve Components Selection Board (RCSB) in July 2000.  At the
time he was fully qualified and holding a promotable position in the 994th
Medical Detachment.  He was unable to accept his promotion because he did
not possess a security clearance.  His paperwork for his security clearance
was completed and submitted on 13 April 1998.  He had a face-to-face
interview in May 2000 and his security clearance was finally granted after
34 months of processing time on 27 February 2001.

3.  He further states that at the time of his commissioning, he learned
that there was a tremendous back-log of security clearance applications.
This is the first reason for his application.  The second reason is that he
believes an injustice has occurred; that is at the time of his promotion,
he was instructed by the G1 that his only option was to delay his
promotion.  He submitted the appropriate paperwork and received
notification that his request for a delay was granted for one year.  He was
never advised that he might be able to get his date of rank changed until
October 2005.  Further, if his date of rank is not corrected, he would be
penalized again by missing the zone for promotion consideration to major by
the 2006 AMEDD RCSB.  He will be forced to wait an extra year for promotion
consideration.

4.  The applicant provides copies of his ARPC Form 155-R (Promotion
Qualification Statement); his Security Clearance Verification memorandum;
and his promotion memorandum for captain, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Documentation submitted by the applicant shows that he submitted a
package for his security clearance on 13 April 1998.

2.  The applicant's military records show that he was appointed in the
United States Army Reserve (USAR), Veterinary Corps, as a first lieutenant,
effective 26 May 1998.

3.  His records contain an officer evaluation report (OER) for the period
26 May 1999 through 25 May 2000 that shows he met the height/weight
standards and passed the Army Physical Fitness Test (APFT).

4.  He was considered and selected for promotion to captain by the 2000
AMEDD RCSB that convened on 10 January and recessed on 4 February 2000.
The President approved the board results on 25 June 2000.  They were
released in July 2000.

5.  His ARPC Form 155-R, dated 5 May 2001, verifies that he possessed a
security clearance, was in an active status, met the medical qualification,
and was assigned to a captain's position for promotion purposes.  The
applicant also elected to accept the promotion to captain.

6.  He was issued a promotion memorandum, dated 29 June 2001, announcing
his promotion to captain with a promotion effective date and date of rank
of 27 February 2001.

7.  Based on the required 5 years maximum time in grade (MTIG), his
promotion eligibility date (PED) for captain was 25 May 2001.

8.  On 4 November 2005, the Unit Security Manager, 994th Medical
Detachment, Round Rock, Texas, stated that the applicant's security
investigation was completed on 27 February 2001 and he was granted a secret
security clearance on 8 March 2001.

9.  In a memorandum, dated 6 November 2005, the Commander, 994th Medical
Detachment, Round Rock, Texas, stated his support and recommended
correction of the applicant's request to change his date of rank for
captain to 7 July 2000.  He stated that the injustice occurred to the
applicant when the processing of his security clearance took 34 months.
The same injustice will be repeated when the applicant is considered for
promotion to major by the AMEDD RCSB, unless his date of rank is corrected.
 He also stated that the applicant is a motivated officer who demonstrates
outstanding leadership in all aspects of his military career and that he is
an outstanding asset to the 994th Medical Detachment.

10.  In a memorandum, dated 6 November 2005, the Commander, 406th Medical
Detachment, Round Rock, Texas, stated his support and recommended
correction of the applicant's request to change his date of rank for
captain to 7 July 2000.  He stated that an injustice occurred through no
fault of the applicant or his unit.  Due to a backlog of applications, it
took 34 months from the time of initial submission until the granting of
the applicant's security clearance.  Because of this delay, the applicant
was delayed in his promotion to captain.  The applicant now faces a similar
situation in his eligibility for the AMEDD Major RCSB.  He also stated that
the applicant volunteered to be the first officer activated when the 994th
was mobilized for Operation Enduring Freedom.  His operational planning was
a key factor in the success of the mobilization.  The applicant is the only
board certified officer in the 994th and his unique skills are vital not
only to the unit but to the USAR.

11.  In an advisory opinion, dated 13 June 2006, the Chief, Special Actions
Branch, Office of Promotions, Reserve Components, Human Resources Command
(HRC) – St. Louis, Missouri, stated that an officer assigned to a unit must
be fully qualified to be promoted and his date of rank is established as
the date he met all requirements.  These requirements include having a
valid physical examination and security clearance, meeting height and
weight standards, passing the APFT in the last year, and being assigned to
the higher graded position.  Since the applicant did not possess a security
clearance until 27 February 2001, he was not fully qualified for promotion.
 Based on the foregoing, it was recommended the applicant's request be
denied.

12.  The advisory opinion was forwarded to the applicant for
acknowledgement or rebuttal on 19 October 2006.  In the applicant's
rebuttal, dated 9 November 2006, he stated, he was concerned that the
opinion did not have his name on it but it did have his social security
number.  In any case, his point of contention remains the same.  Through no
fault of his own it took the Army 34 months to grant him a security
clearance.  This injustice caused him to be delayed over 7 months in
accepting promotion to captain and has now cost him the opportunity for
promotion consideration to major by the 2006 board.  He provided copies of
the signature page of his original Standard Form 86 showing that he
completed it on 13 April 1998 and memorandums from the Commanders, 994th
Medical Detachment and 406th Medical Detachment, Round Rock, Texas, in
support of his rebuttal.

13.  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 Army Medical Department.  Paragraph 1-
5(3)d specifies that an applicant must have been the subject of a National
Agency Check (NAC) or investigation.  The appointment authority will
initiate the NAC and the Federal Bureau of Investigation Name Check for
appointees without concurrent call to active duty, if not previously
accomplished.  If, as a result of completion of the post commissioning
investigative process, an individual is unacceptable for appointment as a
commissioned officer, the officer will be discharged.

14.  Army Regulation 135-155 prescribes the policies and procedures for the
promotion of Reserve officers.  This regulation specifies that completion
of 5 years time is grade is required before promotion to captain.  An
officer selected for the first time for promotion to the next higher grade
may be promoted on or before the date that he/she completes the maximum
service provided that officer is serving in a position requiring the higher
grade or assigned to the Individual Ready Reserve or as an Individual
Mobilization Augmentee.

15.  Army Regulation 135-155, paragraph 4-11a (3-5), also specifies that
the officer must be medically qualified, have undergone a favorable
security screening, and meet standards of the Army Body Composition
Program.  Paragraph 4-13 specifies that 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 further specifies that individuals will
receive mandatory promotion consideration prior to their PEDs so that, if
selected, they may be promoted on their future PED.  The regulation also
specifies that promotion to major requires completion of 7 years time in
the lower grade.  Promotion reconsideration by a special selection board
SSB 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.  Notwithstanding the advisory opinion from the Office of Promotions,
HRC,
St. Louis, rendered in this case, the applicant is entitled to correction
of his promotion effective date and date of rank for captain to 25 June
2000, the approval date of the 2000 AMEDD RCSB, with entitlement to back
pay and allowances based on this adjustment.

2.  The evidence shows the applicant submitted his paperwork and the
processing of his security clearance took 34 months.  He was selected for
promotion to captain by the 2000 AMEDD RCSB; however, he could not be
promoted because all promotion qualifications were not met, i.e., security
clearance.  He was promoted to captain with a promotion effective date and
date of rank of 27 February 2001.  The applicant's unit security officer
stated that the applicant was granted a security clearance on 8 March 2001.
 Through no fault of the applicant, an interim clearance was not obtained
within the 2 years from the date of his appointment.  The applicant’s
actions did not contribute to the unreasonable delay and he should not be
penalized by a late promotion.

3.  The evidence shows the applicant completed the required time in grade,
passed the APFT, and had been assigned to a captain's position prior to his
current promotion date of 27 February 2001.  Therefore, he was in
compliance with Army standards and met all requirements for promotion to
captain on the approval date of the 2000 AMEDD RCSB.

4.  Army Regulations 135-100 and 135-101 shows a NAC security screening is
initiated at the time of appointment for appointees in the branches of the
AMEDD. Through no fault of his own the applicant's security screening was
not processed in a timely manner, resulting in his untimely promotion to
captain.

5.  Based on this adjustment to the applicant's date of rank for captain to
25 June 2000, he is entitled to promotion consideration to major under the
2006 criteria.  It would now be appropriate to submit his records for
appropriate SSB consideration for this purpose.

6.  In view of the foregoing, the applicant’s records should be corrected
as recommended below.

BOARD VOTE:

_ALR____  _FCJ___  _QAS___  GRANT FULL RELIEF

________  ________  ________  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 relief.  As a result, the Board recommends
that all Department of the Army records of the individual concerned be
corrected by
showing the applicant was promoted to captain with a promotion effective
date and date of rank of 25 June 2000, with entitlement to back pay and
allowances based on this adjustment.

2.  That following administrative implementation of the foregoing, his
records be submitted to a duly constituted SSB for promotion consideration
for major under the 2006 year criteria.

3.  That if selected, his records be further corrected by showing he was
promoted to major on his date of eligibility therefore, as determined by
appropriate Departmental officials using the 2006 year criteria, with
entitlement to all back pay and allowances, provided he was otherwise
qualified and met all other prerequisites for promotion.

4.  That if not selected, the applicant be so notified.




                                  _____Allen L. Raub ______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005929                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061212                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.01                                  |
|2.                      |131.05                                  |
|3.                      |131.10                                  |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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