RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 June 2007
DOCKET NUMBER: AR20060017018
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
Mr. Dean L. Turnbull
Analyst
The following members, a quorum, were present:
Ms. Carmen Duncan
Chairperson
Mr. Michael J. Flynn
Member
Mr. Jeffrey C. Redmann
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 that his Date of Rank be corrected. He is not requesting consideration of back pay, but he is requesting that his date of rank be administratively adjusted to prevent any further delay in his career progression.
2. The applicant states, in effect, that his promotion was held up for five years, because there was a delay in the processing of his security clearance through no fault of his own. He states that the investigation was completed in April 2003, but the adjudication took another three years to finish.
3. He states that the administrative process of investigating and granting the security clearance took an unreasonable time and it was not until the Army changed its policy on the promotion requirements based on extended delays that he was granted the promotion.
4. He states, in effect, that because he was unfairly delayed for promotion from second lieutenant to first lieutenant, he was ineligible for the Captains' Promotion Board in January 2007.
5. The applicant provides a copy of his DD FORM 214 (Certificate of Release or Discharge from Active Duty), a copy of his promotion orders, and assignment orders.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged injustice which occurred on 10 June 2003. The application submitted in this case is dated 27 November 2006.
2. The applicants military records show that he was appointed in the Reserve as a second lieutenant effective 11 January 2000.
3. He was promoted to first lieutenant effective 1 February 2005. He is currently assigned to the 807th Medical Brigade, Fort Des Moines, Iowa.
4. In the processing of this case an advisory opinion was obtained from the U.S. Army Human Resources Command (USAHRC), St. Louis, Missouri. The USAHRC stated, in effect, that the applicant's date of rank was 23 March
1999, because he was given credit for nine months and eighteen days. He then
became eligible for promotion to first lieutenant on 22 March 2001. The applicant would have been promoted to first lieutenant as soon as he met all the criteria, but his promotion was suspended due to an outdated security clearance.
5. The advisory opinion further stated that the Promotions Notifications Branch was tracking the progress of the promotion suspension, because they wanted to promote the applicant as soon as possible. On 1 February 2005, the Army changed its policy on security clearances. As of 1 February 2005, the applicant's security clearance was still not up to date. Finally, his security clearance was waived and he was promoted to first lieutenant on 1 February 2005. As such,
1 February 2005, was the earliest the applicant could have been promoted because he also did not meet the position criteria, Army Physical Fitness Test (APFT), and maximum allowable weight at the time of promotion eligibility.
6. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers), prescribed the policies and procedures for promotion of Reserve officers. The regulation provides that an officer who has been recommended for promotion to the next higher grade must meet the requirements before being promoted in the Reserve Component. The officer must be in the zone of consideration, be medically qualified, have undergone a favorable security screening, meet standards of the Army Body Composition Program of Army Regulation 600-9 (The Army Weight Control Program), and be a satisfactory participant.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that his date of rank be corrected to prevent further delays in his career progression.
2. The applicant's statement that there was a delay in the processing of his security clearance through no fault of his own; the administrative process of investigating and granting the security clearance took an unreasonable time; and he was unfairly delayed for promotion from second lieutenant to first lieutenant was considered.
3. However, there is no reason to believe that the applicant would have been promoted earlier, since he did not meet the criteria for promotion based on position criteria, a lack of a current APFT, and a failure to meet Army weight standards.
4. Therefore, the applicant is not entitled to correction of his records to show an adjusted date of rank earlier than 1 February 2005.
5. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___mjf___ ___cd___ ____jcr__ 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.
__________Carmen Duncan________
CHAIRPERSON
INDEX
CASE ID
AR20060017018
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070607
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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