IN THE CASE OF:
BOARD DATE: 6 January 2009
DOCKET NUMBER: AR20080004425
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 that his date of rank (DOR) for promotion to Major be adjusted.
2. The applicant states, in effect, that his promotion was delayed after submitting an Electronic Personnel Security Questionnaire (EPSQ) in September 2002. He argues that he was assigned to a Major position in November 2002 and in January 2003 a tracer was sent about the status of the EPSQ and interim clearance. He continues that the security clearance investigating agencies changed responsibility roles during initial submission period and the records were lost, requiring him to resubmit the EPSQ documentation on 17 May 2003. He concludes that his promotion was granted in July 2003 with a date of rank of
17 May 2003.
3. The applicant provides a US Army Reserve Personnel Command promotion memorandum, dated 14 July 2003; an Officer Evaluation Report for the period
1 March 2003 to 1 August 2003; a Unit Manning Report; and a Security Clearance Application in support of this application.
CONSIDERATION OF EVIDENCE:
1. Records show the applicant was commissioned as a second lieutenant in the US Army Reserve (USAR) on 12 May 1989. He was promoted to first lieutenant on 24 May 1991. On 4 September 1995, he was promoted to captain.
2. Records show the applicant's promotion to major was suspended on 26 July 2002 because he did not meet the security clearance qualifications. Records further show his security clearance was downgraded to confidential on
5 November 2002.
3. A memorandum, dated 13 June 2003, notified the applicant of his suspended promotion status.
4. Records indicate the applicant's EPQS was approved and he was granted a valid security clearance effective 17 May 2003.
5. On 14 July 2003, the applicant was promoted to major with a date of rank of 17 May 2003.
6. In the processing of this case, an advisory opinion was obtained from the Chief, Special Actions Branch, Department of the Army Promotions, U.S. Army Human Resources Command, Saint Louis, Missouri. The opinion pointed out that the applicant was selected for promotion by the 2002 Department of the Army Reserve Component Major Selection Board with a promotion eligibility date of 22 May 2002, which was approved for release on 16 June 2002. He was in a troop program unit and assigned to a higher grade position on 1 November 2002. The applicant did not meet the promotion requirement of possessing a valid security clearance and was not promoted at the time. Upon receipt of a valid clearance he was promoted with a date of rank of 17 May 2003. The opinion also pointed out that if the applicant is granted an earlier clearance date his case should be returned to their office for re-evaluation for an earlier date of rank.
7. A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal. The applicant did not respond within the given timeframe.
8. The applicant provided an Officer Evaluation Report which shows he was rated as a major for the period 1 March 2003 to 1 August 2003 and a Unit Manning Report dated 24 January 2003, which shows the applicant was assigned to a major position effective 1 November 2002.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his date of rank should be adjusted was carefully considered and found to be without merit.
2. Evidence shows the applicant was selected for promotion to the rank of major on 22 May 2002 and the list was approved for release on 16 June 2002. However, the applicants promotion eligibility was suspended because he did not meet the promotion requirement of possessing a valid security clearance. Upon completion of the EPSQ and determination to award a security clearance, the applicant was promoted to the rank of major.
3. There is no evidence in the available records and the applicant has not provided any evidence such as his original EPSQ or a statement from his unit security officer or central clearance facility showing that his promotion to the rank of major was erroneously delayed. Absent such evidence, there is no basis to grant the relief requested.
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) AR20080004425
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ABCMR Record of Proceedings (cont) AR20080004425
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