IN THE CASE OF:
BOARD DATE:
DOCKET NUMBER: AR20080007010
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) to captain be corrected to 1 March 2005, the date of his Federal recognition.
2. The applicant states, in effect, that he was denied promotion until he could obtain an updated security clearance. His initial clearance was approved in July 1997, but was again submitted prior to his deployment during Operation Enduring Freedom-1.
3. The applicant provides his promotion orders to captain, and a Person Summary/Investigation Summary showing the Commander, Central Clearance Facility determined the applicant was eligible for a Secret Clearance on
24 February 2006.
CONSIDERATION OF EVIDENCE:
1. The applicant, a first lieutenant serving as a Guardsman, was notified he was selected for promotion to captain by memorandum dated 1 March 2005. In that memorandum it was stated that the applicant was selected for promotion by a promotion board adjourning on the B date (9 November 2004) and would be eligible for promotion on the A date (24 July 2006), or the date Federal recognition was extended in the higher grade, or the date following the date Federal recognition was terminated in current Reserve grade.
2. The applicant was afforded Federal recognition as a captain effective 3 March 2006. Accordingly, the National Guard Bureau published letter orders promoting the applicant with an effective date and DOR of 3 March 2006.
3. In the processing of this case an advisory opinion was obtained from the Human Resources Command, St. Louis (HRC-STL). The HRC-STL stated that according to the Joint Personnel Adjudication System, the applicant had a valid security clearance and was not denied promotion due to a lack of appropriate security clearance. The HRC-STL stated that the applicant has apparently confused the date his promotion board convened with his date of promotion eligibility. The HRC-STL stated that the applicant was given the appropriate effective date for promotion to captain.
4. The applicant was given a copy of this advisory opinion and was given the opportunity to submit additional documents or matters of mitigation. The applicant opted not to submit anything in addition to his application.
5. Army Regulation 135-155, prescribes the policies and procedures for the promotion of Reserve and ARNG officers. The regulation specifies that a first lieutenant will receive mandatory promotion consideration for promotion to captain upon completion of 5 years in the lower grade. An officer selected for the first time for promotion to the next higher grade may be promoted on or before the date that he/she completes the maximum years of service. Unit officers must be serving in a position requiring the higher grade or assigned to the Individual Ready Reserve.
6. National Guard Regulation (NGR) 600-100, chapter 8, specifies that an ARNG officer must be Federally Recognized to be promoted. Chapter 10 of this regulation provides guidance on the composition and convening of Federal Recognition Boards.
DISCUSSION AND CONCLUSIONS:
1. Contrary to the applicants contentions, his promotion was not delayed because he did not possess the proper security clearance.
2. After the applicant was selected for promotion, he had to be granted Federal Recognition before he could be promoted.
3. The applicants effective date of promotion is the date he was afforded Federal Recognition.
4. In view of the foregoing, there is no basis to grant the applicants request.
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.
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