IN THE CASE OF:	  

		BOARD DATE:  18 January 2012

		DOCKET NUMBER:  AR20110000016 


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 dates of rank for promotion to the ranks of major through colonel be adjusted to reflect the correct dates. 

2.  The applicant states he was not promoted in a timely manner due to records being lost by his unit and lost requests for a security clearance.  He goes on to state that his security clearance paperwork was submitted three times and he believes that his dates of rank are incorrect because he had a doctorate degree at the time of commissioning and he sat in a captain slot for 10 years.

3.  The applicant provides copies of documents related to his request for a security clearance that he presumed were lost.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a U.S. Army Reserve (USAR) Medical Corps captain on 13 September 1990 with 4 years, 2 months, and 12 days of constructive credit which gave the applicant a date of rank (DOR) of 1 July 1990.

2.  On 6 May 1997, a memorandum was dispatched to the applicant informing him that he was selected for promotion to the rank of major on 30 June 1997 and that in order to be promoted he must meet the eligibility criteria set forth in the applicable regulations.  However, there was no evidence of him having a security clearance and he was not promoted until 12 October 2000, the date his interim clearance was granted.  His final Secret clearance was granted on 8 March 2001.
3.  The applicant was promoted to the rank of lieutenant colonel (LTC) on 18 July 2006, the date the board was approved. 

4.  The applicant was issued his 20-year letter on 14 October 2010.

5.  The applicant was selected by the 2010 Colonel Army Medical Department (AMEDD) Selection Board and promoted to the rank of colonel on 19 October 2010, the date he was assigned to a colonel position.

6.  In the processing of this case a staff advisory opinion was obtained from the Human Resources Command (HRC) at Fort Knox, Kentucky which opines, in effect, that the only time the applicant's promotion was delayed was for his promotion to the rank of major because he did not have a security clearance, which is a requirement for promotion.  He was promoted to the rank of LTC effective the date the board was approved and to the rank of colonel on the date he was assigned to a colonel position.  Officials at the HRC opined that there was no basis to adjust his DOR. 

7.  The advisory opinion was provided to the applicant for comment and he responded to the effect that he disagreed with the comment by officials at the HRC that his promotion was delayed because he did not have a security clearance because he completed the paperwork three times.  He goes on to state that his unit was replete with poor records keeping and the fact that his unit was in Puerto Rico made it difficult; however, it was not the first time records were lost.

8.  A review of his Official Military Personnel File (OMPF) failed to show any evidence of a security clearance (interim or final) being issued prior to 12 October 2000.  His records also show that he was assigned to the 1208th U.S. Army Hospital with duty at Fort Meade, Maryland until 1 February 1992 and he was then attached to the National Army Medical Department Augmentation Detachment (NAAD) at Fort Gillem, Georgia until 8 October 1997 when he was transferred to the 405th Combat Support Hospital in Hartford, Connecticut with attachment to the NAAD at Fort Gillem.  On 20 April 1999, he was assigned to the 369th Combat Support Hospital in San Juan, Puerto Rico.

9.  On 25 April 2003, he was transferred to the 911th Medical Detachment in Madison, Wisconsin.  While it cannot be determined with any degree of accuracy when he was transferred, it appears he has served in USAR Combat Support Hospitals in Florida, Washington State, and Utah.


10.  The documents provided by the applicant with his application related to his security clearance consists of a DD Form 398-2 (National Agency Questionnaire), dated 1 March 1996, copies of an illegible fingerprint card, and DA Forms 873 (Certificate of Security Clearance and/or Security Determination), dated in 2000 and 2001.

11.  Army Regulation 135-155, in effect at the time, serves as the authority for the promotion of commissioned and warrant officers of the USAR and National Guard.  It provides, in pertinent part, that in order for an officer who has been selected for promotion to be promoted, the officer must be in an active Reserve status, must complete the time in grade and service requirements established by the regulation, must be medically qualified, must have a valid security clearance, and must meet the standards of the Army Weight Control Program.  It also provides that the requirements for promotion from the rank of captain to the rank of major is 4 years in grade for unit boards, 7 years in grade for mandatory boards, and 12 years of commissioned service.

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that he submitted the paperwork for a security clearance three times is not in doubt, there simply is no evidence in the available records to show that such was the case.

2.  The applicant was properly considered and selected for promotion to the rank of major in 1997; however, because he did not have a security clearance he could not be promoted until one was obtained.  Unfortunately, that was not until 12 October 2000 when an interim clearance was granted.

3.  Therefore, in the absence of evidence to show that he obtained a clearance prior to 12 October 2000, there appears to be no basis to grant his request.

4.  It is noted that the applicant provides copies of DD Form 398-2, dated 
1 March 1996; however, there is no evidence to show that it was entered into proper channels in order to request a security clearance.  There is also no evidence to show the applicant exercised due diligence (follow-up) to ensure that he received a clearance prior to meeting promotion eligibility requirements even after being notified he was selected.  Accordingly, he was not eligible to be promoted until he received a security clearance.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ____X __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   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)                                         AR20110000016



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ABCMR Record of Proceedings (cont)                                         AR20110000016



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