APPLICANT REQUESTS: That he be retroactively promoted to pay grade E-4 in the Army National Guard (ARNG) and, therefore, the Regular Army.
APPLICANT STATES: Because his request for a security clearance was lost, he was not promoted to pay grade E-4 in the ARNG. As a result, he was forced to enlist in the regular Army in pay grade E-3.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the ARNG in pay grade E-1 on 17 November 1989. He completed his initial active duty for training (IADT) in June 1990, being awarded the military occupational specialty of multichannel communications systems operator. He was released from his IADT in pay grade E-1 and returned to his ARNG unit.
He was promoted to pay grade E-2 on 3 July 1990 and to pay grade E-3 on 3 November 1990.
On 19 November 1993 he enlisted in the Regular Army for 3 years in pay grade E-3. On the date he submitted his application he was serving on active duty in pay grade
E-4.
Army Regulation 140-158, paragraph 3-8, provides for the advancement of a reservist to pay grade E-4 upon completion of 24 months time in service and 6 months time in grade. To be advanced the soldier must have been awarded the appropriate MOS and have the appropriate level of security clearance awarded.
Army Regulation 611-201, paragraph 2-154, specifies that a multichannel communications systems operator must possess a secret security clearance.
Army Regulation 601-210, paragraph 3-17 states in pertinent part that individuals enlisting into the Regular Army who have served in a USAR or ARNG for over 12 months following completion of IADT will be enlisted in the pay grade in which they hold in the USAR or ARNG up to pay grade E-3. For guardsmen and reservists serving in pay grade E-4 or above, a grade determination may be made to enlist the individuals in a grade higher than E-3 only if they have prior regular component service, they are former members of a Military Academy, or they are former officers.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1. While there is no evidence to substantiate the applicants contention that his security clearance was delayed, it is feasible that he could not be advanced for that reason.
2. The applicant has not submitted any evidence to show why his security clearance was delayed if, in fact, it was. Absent that documentation, the Board must assume administrative regularity.
3. As such, there is no reason to advance the applicant in grade while he was a guardsman.
4. However, it appears that the primary reason for the applicants request is to have his Regular Army enlistment pay grade altered to E-4. Unfortunately, the applicant could not have been enlisted in pay grade E-4 in accordance with Army Regulation 601-210 even if he had been advanced to that grade while in the ARNG.
5. In view of the foregoing, there is no basis for granting the applicants request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
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