RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 May 2007
      DOCKET NUMBER:  AR20060014646


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Ms. Loretta D. Gulley             |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Jerome L. Pionk               |     |Member               |
|     |Mr. Eddie L. Smoot                |     |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
(DOR) for major to 30 June 2001.

2.  The applicant states, in effect, that his DOR to major should be
backdated to 30 June 2001, under the parameters of the Reserve Officer
Personnel Management Act (ROPMA) program.  The applicant also states that
under ROPMA he was eligible to be promoted 7 years after his promotion to
captain which occurred on 1 July 1994.

3.  The applicant provides copies of his DD Form 214 (Certificate of
Release or Discharge From Active Duty); a copy of his promotion orders to
captain, a copy of the memorandum of instruction (MOI) for the CY 2001
Reserve Component Major Army Promotion Board List (APL), and a copy of his
memorandum for promotion to major in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was commissioned as a 2nd
Lieutenant in the Regular Army (RA) on 12 May 1990.

2.  Orders Number 83-033, U.S. Total Army Personnel Command (TAPC) dated 10
June 1994, show that the applicant was promoted to captain with a DOR of
1 July 1994.

3.  The MOI for the calendar year 2001 Reserve Components Major, Army
Promotion Board List (APL) Promotion Selection Board, dated 3 March 2001,
announced a selection board for eligible Army National Guard and United
States Army Reserve Captains with a DOR of 16 May 1995 and earlier.

4.  The 2001 Major Reserve Components Selection Board (RCSB) convened on
6 March 2001 and recessed on 5 April 2001.

5.  Based on the required 7 years maximum time in grade (MTIG), his
promotion eligibility date (PED) for major was 1 July 2001.

6.  On 24 July 2001, the applicant was released from the active army for
miscellaneous reasons and transferred to the USAR in the rank of captain.

7.  The DA Form 71 (Oath of Office) shows that on 25 July 2001, the
applicant accepted an appointment in the USAR as a reserve commissioned
officer in the grade of captain.

8.  The applicant was considered for promotion to major by the 2002 RCSB
that convened on 4 March 2002.  The board results were approved on 19 June
2002.

9.  On 30 July 2002, the U.S. Army Reserves Personnel Command issued a
memorandum, Subject:  Promotion as a Reserve Commissioned Officer of the
Army announcing the applicant’s promotion to major with a promotion
effective date and date of rank of 19 June 2002.

10.  In an advisory opinion, dated 8 November 2006, the Chief, Special
Actions Branch, Office of Promotions, Reserve Components, Human Resources
Command (HRC) – St. Louis, Missouri, stated that the applicant was on
active duty when the DA Major Reserve Components Selection Board convened
on
6 March 2001; therefore, he was not eligible for consideration by that
board.  The opinion continues that he was selected for promotion by the
2002 board and promoted with a DOR of 19 June 2002 the approval date of the
board.  The opinion further states that the applicant did not meet all the
requirements IAW AR 135-55, paragraph 4-11, on 25 July 2001, the date of
his release from active duty because he did not posses an updated security
clearance and therefore, not eligible for a DOR of 25 July 2001.  The
opinion recommended that all question concerning the applicant’s clearance
be directed to the Security Office.  Based on the foregoing, it was
recommended the applicant's request be denied.

11.  In an advisory opinion, dated 9 April 2007, the Chief, Intelligence
Branch, headquarters, 81st Regional Readiness Command, Birmingham, Alabama,
stated that the applicant’s Joint Personnel Adjudication System (JPAS)
record showed that he has had a valid clearance since 1983.  The opinion
also stated that while the applicant was on active duty he submitted a
reapplication at the
10 year point but a moratorium by the Department of the Army resulted in
the applicant’s reapplication not being processed.  The opinion continues
that the applicant’s clearance was never suspended, expired, withdrawn,
downgraded, or revoked and that the applicant complied with all renewal
requirements.

12.  The advisory opinion was forwarded to the applicant for
acknowledgement or rebuttal on 15 March 2007.  In the applicant's rebuttal,
dated 12 April 2007, he stated, the attached memorandum from the local
security officer and a copy of his JPAS record indicated that he had a
valid security clearance.  The applicant concluded that in view of this, he
requests favorable consideration on his application.

13.  Army Regulation 135-155 prescribes the policies and procedures for the
promotion of Reserve officers.  This regulation specifies that completion
of 7 years time is grade is required before promotion to major.  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.

14.  Army Regulation 135-155 prescribes the policies and procedures for
promotion of Reserve officers.  The regulation specifies that an officer
who has been recommended for promotion to the next higher grade must meet
the requirement of having undergone a favorable security screening.
Paragraph 4-12 of this regulation also 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.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not
entitled to correction to his date of rank for major to 30 June 2001.  He
has not shown error, injustice, or inequity for the relief he now requests.

2.  The evidence shows that on 6 March 2001, the year 2001 Reserve
Components Major, Army Promotion Board convened and the applicant was
serving as an active duty officer in the Regular Army.  Therefore, he was
ineligible for consideration for promotion by the 2001 RCSB.

3.  The evidence shows that although the applicant was in possession of a
valid security on 25 July 2001, he was not eligible for consideration for
promotion since that board convened on 6 March 2001, prior to his
separation from the active Army.  Therefore, he is not eligible to have his
records corrected to backdate the date of his promotion to MAJ.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___LDS__  ___JLP__  ___ELS _  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.




                                  ____Linda D. Simmons____
                                            CHAIRPERSON






                                    INDEX

|CASE ID                 |AR20060014646                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/05/08                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |MR.SCHWARTZ                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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