IN THE CASE OF:
BOARD DATE: 18 May 2010
DOCKET NUMBER: AR20090020171
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) and effective date for promotion to the pay grade of E-8 be changed to 3 October 2007.
2. The applicant states that he was promoted to the pay grade of E-8 on 18 December 2007; however, he would have been promoted on 1 August 2007 but he was waiting for his clearance to be completed. He continues by stating that his clearance was completed and granted on 3 October 2007; however, he was not informed at the time and did not discover that it was approved until he returned from Iraq and was informed that it was completed on 3 October 2007. He also states that he was granted an interim clearance in December while he was waiting for his clearance to be completed.
3. The applicant provides a copy of his Enlisted Records Brief (ERB).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 12 March 1984 for a period of 2 years and training as an administrative specialist. He has remained on active duty through a series of continuous reenlistments and was promoted to the pay grade of E-7 on 1 June 2003.
2. The applicant was selected for promotion by the Fiscal Year 2007 Master Sergeant/E-8 Promotion Selection Board and on 19 December 2007, orders were published by the Human Resources Command Alexandria (HRC-AL) promoting him to the pay grade of E-8 effective 18 December 2007.
3. The applicant was deployed to Iraq during the period of 28 May 2007 to 9 August 2008.
4. The ERB provided by the applicant indicates that the applicants personnel security investigation (PSI) was completed on 3 October 2007. The applicants records do not indicate when the actual clearance was granted.
5. In the processing of this case a staff advisory opinion was obtained from the HRC-AL Promotions Branch which indicates that promotions were made through the applicants sequence number on 1 August 2007; however, the applicant did not meet the security clearance requirement for promotion to the pay grade of E-8 and was not promoted until his clearance was granted on 18 December 2007. Officials at the HRC-AL recommended that his request be denied.
6. The advisory opinion was provided to the applicant for comment and to date no response has been received by the staff of the Board.
7. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) provides in paragraph 1-15a that promotion to the pay grades of E-8 and E-9 require that the individuals possess an interim secret security clearance or higher.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DOR and effective date for promotion to the pay grade of E-8 should be changed from 18 December 2007 to 3 October 2007 has been noted and appears to lack merit.
2. While the available records show that his PSI was completed on 3 October 2007, the applicant has failed to show through the evidence submitted and the evidence of record when his actual clearance was granted.
3. By the applicants own admission, he was granted an interim clearance in December and the advisory opinion from HRC-AL officials confirm that he was granted a clearance on 18 December 2007 and the following day orders were published which promoted him to the pay grade of E-8 effective the day his clearance was granted.
4. Therefore, in the absence of evidence to show that his clearance was granted earlier than 18 December 2007, it does not appear that he was fully qualified for promotion at any time prior to 18 December 2007. Accordingly, there does not appear to be any basis to grant his request.
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 the aforementioned 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) AR20090020171
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ABCMR Record of Proceedings (cont) AR20090020171
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