Search Decisions

Decision Text

ARMY | BCMR | CY2006 | 20060017018
Original file (20060017018.txt) Auto-classification: Denied


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 applicant’s 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.


Similar Decisions

  • ARMY | BCMR | CY2007 | 20070013460

    Original file (20070013460.txt) Auto-classification: Denied

    A USAHRC-STL memorandum, dated 13 April 2005, shows that the applicant was selected for promotion to 1LT by an Administrative Promotion Board that convened on 31 March 2005. USAHRC-STL Orders B-05-501580, dated 9 May 2005, show that the applicant was promoted to 1LT effective 18 April 2005, with a date of rank of 18 April 2005. Based on her date of rank of 18 April 2005 and completion of 5 years time in the lower grade, the applicant's promotion eligibility date (PED) for CPT is 17 April 2010.

  • ARMY | BCMR | CY2006 | 20060005929C070205

    Original file (20060005929C070205.doc) Auto-classification: Approved

    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. 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.,...

  • ARMY | BCMR | CY2005 | 20050016471C070206

    Original file (20050016471C070206.doc) Auto-classification: Approved

    Richard Murphy | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his records be corrected by changing his date of rank to first lieutenant from 11 September 2005 to 4 March 2004. At the time of his promotion eligibility date (PED), 4 March 2004, he had no flagging actions, passed the Army Physical Fitness Test (APFT), met the height and weight standards, and possessed a valid security clearance.

  • ARMY | BCMR | CY2006 | 20060005443C070205

    Original file (20060005443C070205.doc) Auto-classification: Denied

    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. 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 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...

  • ARMY | BCMR | CY2005 | 2005000341C070206

    Original file (2005000341C070206.doc) Auto-classification: Approved

    It is noted that the applicant submitted a DD Form 149 (Application for Correction of Military Record) provided to officers in the grade of captain who were first-time considered and selected for promotion to captain, after having served more than 7 combined maximum years in grade to seek relief from the Army Board for Correction of Military Records (ABCMR) for adjustment to dates of rank for captain under the Reserve Officer Personnel Management Act Project. The SMS also shows that on 31...

  • ARMY | BCMR | CY2005 | 20050002120C070206

    Original file (20050002120C070206.doc) Auto-classification: Approved

    In an advisory opinion, dated 13 July 2005, the Chief, Promotions Branch, Office of Promotions, Reserve Components, Army Human Resources Command (AHRC) – St. Louis, Missouri, stated that based on the applicant's corrected date of rank for first lieutenant of 23 February 2000, her promotion eligibility date (PED) for captain was 22 February 2005. No captain AMEDD selection board prior to the 2004 board considered first lieutenants for promotion to captain with a date of rank later than 30...

  • ARMY | BCMR | CY2007 | 20070012064

    Original file (20070012064.txt) Auto-classification: Approved

    The applicant requests correction of his date of rank (DOR) to lieutenant colonel (LTC)/O-5 from 24 March 2005 to 15 September 2003 or a date to be determined by the Board based on the evidence provided. National Guard Bureau, Arlington, Virginia, Memorandum, dated 16 December 2003, subject: Army National Guard (ARNG) Promotion Process for Commissioned Officers, provides guidance to The Adjutants General (TAG) on the procedures for requesting Federal recognition of first lieutenant, DA...

  • ARMY | BCMR | CY2005 | 20050005994C070206

    Original file (20050005994C070206.doc) Auto-classification: Denied

    The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), his mobilization orders, his troop program unit (TPU) to TPU transfer orders, his notification of promotion to major, and his promotion memorandum for major. Promotion action could not be completed due to the following disqualifications: he must pass an APFT within 12 months of the date of promotion, he must meet height/weight standards as prescribed by Army Regulation 600-9 within 12...

  • ARMY | BCMR | CY2005 | 20050004549C070206

    Original file (20050004549C070206.doc) Auto-classification: Denied

    In a memorandum, dated 21 February 2003, the Chief, Military Personnel Actions Branch, HRC, advised the 81st RSC, and the applicant, that she was not in a promotable status due to the following disqualifications found in the database: she did not have a current qualifying Physical Examination (less than 5 years old), she did not possess a valid security clearance, and she was not assigned to a valid position. A Promotion Memorandum, dated 10 February 2005, was issued to the applicant...

  • ARMY | BCMR | CY2009 | 20090000992

    Original file (20090000992.txt) Auto-classification: Denied

    The applicant provides in support of his application a letter addressed to the Board dated 19 November 2008; a memorandum from his commander dated 7 August 2003, addressed to the Commander, 81st Regional Readiness Command; a copy of what appears to be an x-ray of his leg; a memorandum from his commander, dated 11 April 2006, addressed to the Commander, 81st Regional Readiness Center; a copy of his Notification of Medical Unfitness for Retention, dated 6 May 2005; a memorandum addressed to...