IN THE CASE OF:
BOARD DATE: 5 February 2009
DOCKET NUMBER: AR20080017642
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 the effective date of his security clearance and the effective date of his promotion to master sergeant (MSG) be backdated to 2003, and that he be provided all back pay due as a result.
2. The applicant states, in effect, that he was granted an interim security clearance in April 2003, while at the mobilization station at Camp Atterbury, Indiana. He states that while waiting for the status of his security clearance he was informed by officials at the Army Human Resources Command, St. Louis, Missouri (HRC-St. Louis) that he would receive back pay for his promotion once his security clearance was approved. He further claims that his deployment orders list his security clearance status and he was performing duties of the MSG position listed on these orders.
3. The applicant provides a self-authored letter and the 13 enclosures identified on the letter in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows that he initially entered military service as a member of the Army National Guard (ARNG) on 17 April 1980, and served in that status until 16 April 1991. On 17 April 1991, he transferred to the United States Army Reserve (USAR), at which time he entered active duty in an Active Guard Reserve (AGR) status. He is presently serving in this status. His record also shows he was selected for promotion to MSG by the 2002 USAR AGR Selection Board.
2. On 15 February 2003, deployment orders 03B-046-002 (Change 1) published by Headquarters, 88th Regional Support Command, Fort Snelling, Minnesota, that directed the applicant to report to Camp Atterbury, Indiana for deployment in support of Operation Enduring Freedom for 310 days, effective 16 February 2003. These orders indicated the applicant had a Secret security clearance.
3. The Total Army Personnel Database-Reserve (TAPDB-R) shows the applicant has a Secret security clearance with a date of eligibility of 1 November 2007, based on a National Agency Check with Local Record & Credit (NACLC) and that the investigation was completed on 19 October 2004. There is no indication that an interim clearance was granted prior to the date of eligibility. An investigation and adjudication history on file shows the Central Clearance Facility (CCF) granted a Secret clearance eligibility date of 1 November 2007. This document also shows the applicant's clearance eligibility had been previously revoked on 18 October 1988.
4. HRC-St. Louis Orders B-12-70813, dated 18 December 2007, authorized the applicant's promotion to MSG effective 1 November 2007.
5. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) contains the Army's enlisted promotion policy. Paragraph 1-10 contains guidance on non-promotable status Soldiers and states, in pertinent part, that a Soldier without an appropriate security clearance or favorable security investigation for promotion to the grade and military occupational specialty (MOS) is in a non-promotable status and will regain promotable status the day they receive the appropriate level clearance. Paragraph 1-15 outlines security clearance requirements and states, in pertinent part, that promotion to MSG requires an interim secret clearance or higher.
6. Army Regulation 140-158, in effect at the time of the applicant's selection for promotion in 2002, provided the promotion policies for Reserve enlisted members. It required that a Soldier have a final Secret security clearance or higher at the time of promotion.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his security clearance eligibility and promotion effective date should be backdated and that he should receive back pay and allowances was carefully considered. However, by regulation, a member must hold an interim Secret security clearance or higher to be promoted to MSG. A Soldier without an appropriate security clearance or favorable security investigation for promotion is in a non-promotable status and will regain promotable status the day they receive the appropriate level clearance.
2. The evidence of record confirms that the applicant was granted a Secret security clearance on 1 November 2007. There is no information regarding why the final clearance eligibility was delayed and there is no evidence of record or independent evidence provided by the applicant that shows he was granted an interim Secret clearance or higher at anytime during the security clearance investigative process.
3. Absent any documentary evidence of record or independent evidence provided by the applicant that shows he held a valid interim Secret security clearance or higher prior to 1 November 2007, or that shows his clearance was delayed due to administrative error and not for cause, it is concluded that he remained in a non-promotable status until that date. Therefore, 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
___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) AR20080017642
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080017642
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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