APPLICANT REQUESTS: That she be given the Veterans Education Assistance Program (VEAP) kicker.
APPLICANT STATES: That she had enlisted for the VEAP kicker, and understood that receiving the kicker was contingent upon her being awarded, and working in, a certain military occupational specialty (MOS). Although she had every expectation of fulfilling her end of the agreement, the Army unilaterally reclassified her to another MOS because her TOP SECRET security clearance had been revoked. In response to that action, she requested and was given a full psychiatric evaluation. Based on the favorable results of that evaluation, her TOP SECRET security clearance was reinstated. However, she had already been trained in and awarded another MOS by that time.
EVIDENCE OF RECORD: The applicant's military records show:
She enlisted in the USAR Delayed Entry Program (DEP) on 23 April 1985. At that time she enlisted for training as an electronic warfare/signal intelligence analyst, and she chose the $8,000.00 cash bonus and the Department of Defense/Department of the Army (DOD/DA) contribution to the VEAP enlistment incentives.
She was discharged from the DEP and entered on active duty in the Regular Army on 27 June 1985. On 1 November 1985 she was granted a final TOP SECRET security clearance. On 10 July 1986 she graduated from the Defense Language Institute, having completed the course of instruction for the German language. She was then sent to electronic warfare/signal intelligence analyst school.
On 20 January 1987 the applicant was notified by the Central Clearance Facility (CCF) of its intent to revoke her security clearance.
Based on the action being taken by the CCF, on 28 January 1987, action was taken to remove the applicant from the electronic warfare/signal intelligence analyst school.
The applicant was then trained as and awarded the MOS of traffic management coordinator.
On 11 June 1987 the CCF carried out its stated intent and revoked the applicants TOP SECRET security clearance. The reason cited for that action was medical evaluations of 8 August 1986 and 8 April 1987, which reflected evidence of histrionic (the morbid or hysterical adoption of an exaggerated manner and gestures) personality traits which suggest that your judgment, reliability and stability under stress are questionable.
The applicant then scheduled herself for a psychiatric evaluation in an attempt to regain her security clearance. She underwent a complete psychiatric evaluation from 2 to 15 November 1988. In the written report for that evaluation, the psychiatrist stated that the applicant was aware that the purpose of the evaluation was to document her mental status for a security clearance, and opined that she may have approached the tests with an attitude of minimizing any symptoms or degree of distress she might have been experiencing at that time. Nonetheless, the psychiatrist found the applicant to have no severe disorder of thought, mood, affect, personality, or perception. The psychiatrist also stated that the applicant had no mental condition which would represent a possible defect in judgment, reliability, or stability.
Based on that evaluation, along with laudatory statements made by her immediate military superiors, on 5 April 1989 her TOP SECRET security clearance was reinstated.
She completed her enlistment as a traffic management coordinator, being promoted to pay grade E-4, and was honorably released from active duty and transferred to the USAR Control Group (Reinforcement) at the expiration of her term of service on 26 June 1989. She had served 4 years on active duty.
The VEAP was an educational incentive program offered to individuals who enlisted between 1 January 1977 and 30 June 1985. The program was designed for the post-Vietnam era soldier as a means of establishing a fund to support their educational objectives following their military service. For every dollar contributed by a soldier, the government matched it with a two dollar contribution to the individuals VEAP account. Participation in the VEAP was a voluntary option and was replaced in July 1985 by the Montgomery GI Bill. The DOD/DA contribution to the VEAP option provided an enlistee additional funds over and above the money contributed by the Army to the individuals VEAP account. To be eligible to receive that option, the individual was required to maintain the security clearance required for the MOS and to be awarded, and to retain, that MOS for at least 2 years.
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. The applicant, although properly enlisted for the DOD/DA contribution to the VEAP, lost that incentive when she lost her security clearance.
2. The fact that the applicant required professional psychiatric services during her initial training at which she exhibited histrionic personality traits was sufficient to suspend and revoke her TOP SECRET clearance.
3. That she was subsequently psychiatrically cleared for reinstatement of her TOP SECRET security clearance does not mean that her security clearance was suspended/revoked in error. It is reasonable to assume that she had overcome whatever distress or problems that had been instrumental in her receiving psychiatric care, not that she had no problems at the time.
4. The Board notes that the applicant completed her term of service and was released from active duty shortly after her security clearance was reinstated. Nonetheless, the fact remains that she was not awarded the MOS nor did she serve on active duty in the MOS. Therefore, it would be inappropriate to grant the desired incentive.
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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