IN THE CASE OF:	  

	BOARD DATE:	  1 July 2008

	DOCKET NUMBER:  AR20070015981 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his major (MAJ) date of rank (DOR) be adjusted from 23 August 2003 to 4 December 2002.

2.  The applicant states, in effect, that he signed the Oath of Office on 
5 December 1995, and at that time was given credit for 7 years of service in an active status which is reflected in Item D of his Appointment Memorandum dated 22 November 1995.  He also states he was promoted to MAJ with an effective DOR of 25 August 2003, which is 8 months and 20 days after his promotion eligibility date.  He further states that he is now requesting that his DOR be adjusted to 4 December 2002.   

3.  The applicant provides the following documents in support of his application:
Self-Authored Statement; Service School Academic Evaluation Report (DA Form 1059); United States Army Personnel Command Memorandum, dated 
22 November 1995; and Oath of Office-Military Personnel.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he initially enlisted into the Air Force (AF) and served on active duty in an enlisted status for 3 years, 9 months, and 3 day, from 
10 September 1964 through 12 June 1968, at which time he was honorably released from active duty (REFRAD), in the rank of sergeant (E-4), and transferred to the AF Reserve (AFRES).  


2.  On 5 December 1995, the applicant was appointed a Reserve commissioned officer in the rank of captain (CPT) in the United States Army Reserves (USAR), Dental Corp and credited with 7 years of constructive service in an active status. Based on the applicant's DOR to CPT his maximum time in grade (MTIG) date for promotion to MAJ is established as 3 December 2002.

3.  The applicants Official Personnel Military File (OPMF) contains a Service School Academic Evaluation Report dated 17 May 1996.  This document shows he completed the Army Medical Department (AMEDD) Officer Course on 17 May 1996.  

4.  In 2002, the DA Reserve Components (RC) MAJ AMEDD Selection Board selected the applicant for promotion with a promotion eligibility date (PED) of 
4 December 2002.

5.  The applicant's OMPF contains a notation which states that on 29 May 2002, he was flagged for personnel action based on his Army Physical Fitness Test (APFT) and security clearance.

6.  On 7 June 2002, the DA RC MAJ AMEDD Selection Board sent a memorandum with a suspense date of 7 August 2002, through the 81st Regional Support Command (RSC) notifying the applicant and his command that his promotion to MAJ had been suspended due to him not meeting all of the promotion requirements.  

7.  On 12 March 2003, a second memorandum was sent informing the applicant and his command that to date no documentation confirming his promotion eligibility had been received.  

8.  The applicant's OMPF contains a notation which shows that on 20 August 2003 the applicant's unit commander made an inquiry in regards to his promotion.  The unit commander was informed that the applicant's security clearance was the hold-up.  However, the system management system (SMS) further showed that his APFT and height and weight were also issues.  

9.  On 28 April 2004, the promotion authority received the required documents showing that the applicant met all promotion requirements on 25 August 2003.  Based on this date a promotion memorandum was issued promoting the applicant to MAJ with an effective DOR as 25 August 2003.


10.  During the processing of this case, an advisory opinion was obtained from the Chief, Special Actions Branch, Human Resources Center (HRC)-St. Louis.  This official stated that the applicant had been appointed a CPT in the USAR with 
7 years of constructive credit effective 5 December 1995, with a promotion eligibility date (PED) for promotion to MAJ as 4 December 2002.  The 2002 Department of Army (DA) Reserve Components MAJ Army Medical Department (AMEDD) Selection Board selected the applicant for promotion with a PED of 
4 December 2002.  On 7 June 2002, after determining the applicant did not meet all requirements for promotion to MAJ a memorandum with a suspense date of 
7 August 2002 was sent to the applicant through the 81st Regional Support Command notifying him and the command that his promotion action was being suspended.  Subsequently, on 12 March 2003, a second memorandum was sent stating that no documentation had been received verifying that the applicant met all promotion requirements for his promotion to MAJ.  

11.  The HRC official also states that on 28 April 2004, more than a year later, documentation was finally received confirming that the applicant had met all promotion requirements on 25 August 2003, and based on this date a promotion memorandum was issued reflecting his DOR as 25 August 2003.  This official further states that the applicant served 7 years, 8 months, and 20 days as a CPT based on the fact that he did not meet all promotion requirements on his PED and therefore recommends that his request to have his DOR adjusted to 
4 December 2002, be denied.  

12.  On 21 February 2008, the applicant was provided a copy of the HRC-St. Louis advisory opinion in order to have the opportunity to rebut or respond to its contents.  To date, he has failed to reply.  

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 (AMEDD).  This regulation provides that officers will be granted CSC for periods of professional training and experience accrued after receipt of the basic qualifying degree.  

14.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers) prescribes policy and procedures used in the selection and promotion of commissioned officers of the Army National Guard of the United States (ARNGUS) and the commissioned and warrant officers of the USAR.  This regulation specifies that a captain will be considered for promotion to major after serving 7 years time in grade.


15.  Paragraph 4-11a (3-5) Reserve Component (RC) officer promotion regulation specifies, in pertinent part, that promotion authorities will ensure that a favorable security screening is completed before announcing a promotion.  It states in pertinent part that prior to promotion in the RC an officer who has been recommended for promotion to the next higher grade must be medically qualified, have undergone a favorable security screening; and must meet standards of the Army Body Composition Program.  

16.  Paragraph 4-11c, states in pertinent part that an officers promotion will be delayed when under suspension of favorable personnel actions; when documented as overweight as defined in Army Regulation 600-9 has failed the APFT most recently administered. Or, through his or her own fault (as determined by the first commander who is senior to the officer concerned), has not taken and passed an APFT within the period required.

17.  Paragraph 4-13 outlines the security screening requirement.  It states, in pertinent part, that promotion authorities will ensure that a favorable security screening is completed before announcing a promotion.  The security screening process is described as a review of an officer’s military personnel records jacket (MPRJ) or Personnel Electronic Management System (PERMS), which ensures there is no derogatory or unfavorable suitability information contained therein.  It further states that if the results of this screening are favorable, final promotion action may proceed.  A promotion will be withheld only when the security screen reveals unfavorable or derogatory information, and the promotion authority is required to process a National Agency Check (NAC).  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DOR to MAJ should be adjusted to 
4 December 2002 was carefully considered.  However, there is insufficient evidence to support this request.  

2.  By regulation, before being promoted a RC officer must be medically qualified; must have undergone a favorable security screening; and must meet weight and APFT standards.  

3.  The evidence of record confirms the applicant was considered and selected for promotion to MAJ by the 2002, DA RC MAJ AMEDD Selection Board.  However, based on not meeting all the requirements for promotion by his PED, his promotion action was suspended and the applicant and his command were notified by memorandum of this action on 7 June 2002 and subsequently 
12 March 2003.  
4.  The evidence further confirms the applicant did not meet all the requirements for promotion to MAJ until 25 August 2003.  Therefore, this is the earliest DOR the applicant is eligible for promotion and there is an insufficient evidentiary basis to support granting the requested relief.   

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

___x____  ____x ___  ___x____  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.




       _    __x_____   ___
      CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20070015981



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ABCMR Record of Proceedings (cont)                                         AR20070015981



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