RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 November 2007
      DOCKET NUMBER:  AR20070009714


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Eric N. Andersen              |     |Chairperson          |
|     |Mr. Donald L. Lewy                |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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, reconsideration of his request for a
change to his first lieutenant (1LT) date of rank (DOR).

2.  The applicant states, in effect, his 1LT DOR should be changed to 25
July 2003.  He states that he qualified to be promoted to 1LT when he
completed the Officer Basic Course (OBC) in July 2003.  He claims a
security clearance packet was turned in to the proper departments as part
of his selection to the Army Nurse Corps (ANC); however, the packet was
never processed.  He states his 1988 security clearance was used instead
and this clearance was later downgraded in April 2003.

3.  The applicant provides the following documents in support of his
application:  Self-Authored Memorandum; Army Physical Fitness Test
Scorecard (DA Form 706); Travel Voucher (DD Form 1885); ABCMR Letter, dated
28 July 2006; United States Air Force Recommendation Memorandum, dated 25
August 2006; Security Clearance Application, dated 22 August 2001; JCAVS
Person Summary; and OBC Completion Certificate, dated 25 July 2003.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR20050016783 on 20 July 2006.

2.  During the original review of the case, the Board determined that the
applicant's contention that he qualified for promotion to 1LT based on his
completion of the OBC, because he had completed a security clearance
application and because he had passed the APFT did not provide a sufficient
evidentiary basis to support granting the requested relief because he and
his command should have been notified and aware of his non-promotable
status and of his specific disqualifications.  In addition, in connection
with this review, an advisory opinion was obtained from the Chief, Special
Actions Branch, Office of Promotions, Reserve Components, Human Resources
Command, St, Louis, Missouri (HRC-St. Louis).  This official recommended
the applicant's request be denied because he had been considered and not
selected for promotion to 1LT by the 2005 administrative board, and because
the applicant failed to provide sufficient documentation supporting a
change to his 1LT DOR.  The applicant was provided a copy of this advisory
opinion but did not respond to its contents at the time.
3.  The applicant provides new argument in a self-authored statement and a
USAF letter of recommendation in support of his reconsideration request.
In his memorandum, he argues that during his selection processing for the
ANC in 2001, he turned his security packet into his recruiter.  He claims
that his security clearance was downgraded on 4 April 2003; however, when
he in-processed at the NAAD in May 2003, he was never informed of this
downgrade.  He states that he did not receive the initial security packet
sent to him, but did receive the second one, which he completed and sent to
NAAD in June of 2004.  He states they claimed the packet was never
received, therefore, in September 2004, he hand-carried it to the
responsible department.  He was told at this time that his security
clearance was good.  He states he does not know why he was not selected for
promotion by the administrative board in 2005, but he was processing a
conditional release in order to enter the USAF at the time.

4.  The applicant also provides a Memorandum of Recommendation from the
Chief Nurse Executive (colonel), Headquarters, 96th Air Base Wing, Eglin,
Air Force Base Florida, which outlines the applicant’s accomplishments and
the qualities he has demonstrated since joining their unit.  The colonel
also recommends that the applicant be reconsidered for promotion because is
ready to assume the duties of captain.

5.  The evidence of record confirms the applicant was considered and not
selected for promotion to 1LT by the 2005 1LT administrative board.  This
board did not disclose the specific reason for the applicant's non-
selection, but his records did confirm his completion of the OBC on 25 July
2003, his completion of the APFT as of July 2003.  It also shows that his
security clearance was administratively downgraded to none because the
investigation date was outside the 15 year window and a periodic
reinvestigation had not been initiated as of
4 April 2003.

6.  HRC-St. Louis records confirm the applicant's security clearance was
administratively downgraded on 4 April 2003, because the investigation date
was outside the 15-year window and periodic reinvestigation had not been
initiated.  These records also verify that the applicant mailed a security
clearance packet to update his clearance on 22 November 2002 and 26
September 2003.

7.  On 24 April 2005, the applicant was honorably discharged from the
United States Army Reserve (USAR).

8.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant
Officers Other Than General Officers) prescribes policy and procedures used
for selecting and promoting commissioned officers (other than commissioned
warrant officers) of the Army National Guard of the United States (ARNGUS)
and of commissioned and warrant officers (WO) of the U.S. Army Reserve
(USAR).

9.  Chapter 2 of the Reserve officer promotion regulation contains
promotion eligibility and qualification requirements.  It states, in
pertinent part, that an officer in the grade second lieutenant (2LT) will
be considered for promotion without review by a selection board.  The
officer's records will be screened to determine eligibility for promotion
to the next higher grade far enough in advance to permit promotion on the
date promotion service is completed.  For a 1LT the minimum time in the
lower grade is 2 years and the maximum time in the lower grade is
42 months.  The records of USAR unit officers will be screened and
promotions accomplished by the commander, Human Resources Command, St.
Louis, Missouri.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim that his 1LT DOR should be changed to 25 July
2003, and the new evidence and argument he submitted were carefully
considered.  However, there is insufficient evidence to support amendment
of the original Board decision in this case.

2.  The evidence of record confirms the applicant was considered and
determined not to be eligible for promotion to 1LT by the 2005
administrative board.  It also shows that his security clearance was
properly downgraded to none due to the age of his investigation, which was
over 15 years.  As a result, he was not qualified for promotion on 23 July
2003, the date he now requests.

3.  The evidence of record confirms the applicant's security clearance
remained in effect from the date of his appointment in the USAR, which was
12 September 2001, through 4 April 2003, when it was administratively
downgraded to none based on the age of the investigation, and that this
information was a matter of official record and was available to the
applicant, as well as his command.  As a result, notwithstanding the
applicant's assertions to the contrary, absent any evidence of record
confirming an error related to the 2005 administrative board determination
that the applicant was not to be qualified for promotion to 1LT, there is
an insufficient evidentiary basis to support granting the requested relief.



4.  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

___ENA _  __DLL __  __RMN __  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 to amend the decision of
the ABCMR set forth in Docket Number AR20050016783, dated 20 July 2006.




                                  _____Eric N. Andersen __
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070009714                           |
|SUFFIX                  |                                        |
|RECON                   |AR20050016783 /2006/07/20               |
|DATE BOARDED            |2007/11/20                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2005/04/24                              |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |Ms. Mitrano                             |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]