IN THE CASE OF: BOARD DATE: 19 January 2017 DOCKET NUMBER: AR20150013445 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ____x___ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 19 January 2017 DOCKET NUMBER: AR20150013445 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by paying him for duty performed as shown on his DA Form 1380 (Record of Individual Performance of Reserve Duty), dated 23 January 2014, as verified by his officer-in-charge. In addition, he should be awarded non-regular retirement points for the specified dates (two retirement points each date) and for duty performed in an inactive status on 20 January 2014 (one retirement point). 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to paying him for 4 hours of duty performed on 20 January 2014. _____________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. IN THE CASE OF: BOARD DATE: 19 January 2017 DOCKET NUMBER: AR20150013445 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 payment for duties performed in an inactive duty training (IDT) status. In effect, he requests payment for duties performed prior to his January 2014 transfer to the Retired Reserve for periods that were scheduled after his retirement. 2. The applicant states: a. During unit drill in December 2013, his officer in charge (OIC) (Lieutenant Colonel (LTC) L---) asked if he could perform a supply inspection in an advanced drill status (it was standard practice in their unit) to inspect the Ground Combat Systems Program Management directorate of the Tank Automotive Command (TACOM) before he retired on 31 January 2014. He responded in the affirmative. The inspection started on or about 22 January 2014 and ended on or about 31 January 2014. He completed his duty and submitted his pay requests on (31 January 2014) for the inspection and he also had pay due for a dental inspection (20 January 2014) to his OIC. The OIC approved his pay requests and forwarded them for pay processing to payroll the next business day. A day or so later, his OIC informed him that he was dropped from the pay rolls prior to his retirement date for no apparent reason, and he was not able to be paid until it was corrected. b. For many months he worked with his OIC and Commander to get paid for the duty he performed. After monthly follow ups with his chain of command, he was still unsuccessful in receiving his pay so he filed a congressional inquiry in late September 2014. On 22 October 2014, he was contacted by Master Sergeant (MSG) KB, the U.S. Army Reserve (USAR) Command, Pay Management Division in response to his congressional inquiry requesting pay documents for his pay issue. His Commander, Colonel (COL) Dr-- forwarded the pay documents as requested. On 2 December 2014, he had a phone conversation with MSG KB who informed him that performing drills in advance prior to his separation was against a Supplemental Training Guidance to Army Reserve Command Training Guidance Fiscal Years 2014-2015, dated 4 August 2014 and at the time, it was an interim guidance, and was in the process of being incorporated into Army Regulation (AR) 140-1 (USAR Mission, Organization, and Training). However the policy or training guidance is dated 4 August 2014 well after he performed his duty. Also, MSG KB said that his congressional inquiry was being reviewed by a Judge Advocate General and the Inspector General and she was going to follow up and get back with him. c. He did not hear anything back, so he sent a follow up email on 9 December 2014 to MSG KB but received no further response. On 13 July 2015 after many months of waiting for a final disposition, he sent an email to MSG KB, his congressional representative, and a copy furnished to his Commander COL Dr-. In the email, he asked if there was a final disposition of his pay inquiry since he still had not received his pay. He did receive responses from MSG KB or his representative informing him to submit a packet to this Board. 3. The applicant provides: * two DA Forms 1380 (Individual Performance of Reserve Duty Training) * four ARSC Forms 62R (Request for Authorization for Rescheduled Training (RST), Equivalent Training (ET), or Excuse from Regular Scheduled Unit Training) * multiple email exchanges CONSIDERATION OF EVIDENCE: 1. The applicant was born in October 1960 and served in an enlisted status with the U.S. Air Force Reserve as well as the Michigan Army National Guard (MIARNG) (December 1989 to June 1992). 2. He was appointed as a Reserve commissioned officer of the Army and the MIARNG and executed an oath of office on 11 September 1993. He completed the Ordnance Management Officer Basic Course. 3. On 1 February 2003, the MIAARNG issued him a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter). He served in a variety of stateside or overseas assignments (deployment to Kuwait from October 2005 to October 2006), and he was promoted to major (MAJ)/pay grade O-4. 4. He resigned his ARNG commission and was subsequently discharged from the MIARNG on 31 August 2010. On discharge from the ARNG, he was transferred to the USAR Control Group ((Individual Ready Reserve (IRR)). 5. On 10 April 2012, he was transferred from the USAR Control Group (IRR) to a troop program unit (TPU), the Army Reserve Sustainment Command, Detachment 6, TACOM Life Cycle Management Command. 6. On 7 October 2013, he was notified that he was considered for promotion to LTC but he was not selected for promotion. 7. On 12 November 2013, Headquarters, 88th Regional Support Command, Fort McCoy, WI, published orders transferring him to the Retired Reserve effective 31 January 2014. 8. The applicant provides four RST request forms approved by his Commander on 21 February 2014 (after his retirement). a. The first RST form shows he was scheduled to perform duties on 22 and 23 January 2014. This duty was intended to be rescheduled training for duty that was supposed to occur on 1 and 2 February 2014 [after his 31 January 2014 retirement date]. This form notes the RST window for the month of February 2014 was from 1 through 28 February 2014. b. The second RST form shows he was scheduled to perform duties on 24 and 27 January 2014. This duty was intended to be rescheduled training for duty that was supposed to occur on 1 and 2 March 2014. This form notes the RST window for the month of March 2014 was from 1 through 31 March 2014. c. The third RST form shows he was scheduled to perform duties on 28 and 29 January 2014. This duty was intended to be rescheduled training for duty that was supposed to occur on 5 and 6 April 2014. This form notes the RST window for the month of April 2014 was from 1 through 30 April 2014. d. The fourth RST form shows he was scheduled to perform duties on 30 and 31 January 2014. This duty was intended to be rescheduled training for duty that was supposed to occur on 3 and 4 May 2014. This form notes the RST window for the month of May 2014 was from 1 through 31 May 2014. e. There is no approved RST form for the applicant's duty performed on 20 January 2014. 9. The applicant also provides two DA Forms 1380 dated 20 January and 23 January 2014 respectively. The first form documented a 4 hour period of duty for dental assessment (presumably for dental readiness verification). The second form records a total of eight dates he performed rescheduled training for 8 hours each date during the period from 22 January to 31 January 2014. This form shows his duty was "Per detachment training schedule-G4 [inspection]." Both forms were electronically signed by his Commander; however, the electronic signature does not identify a specific date the forms were signed. 10. The staff of the Board forwarded his case and evidence to Headquarters, USAR Command, Fort Bragg, NC, for review. As a result, the Chief, Financial Officer and Director, Resource Management and Material provided a copy of a letter he sent to the applicant’s elected official dated 3 November 2014. In the letter he informed the elected official – a. The applicant retired from the USAR on 31 January 2014. His Commander permitted him to perform rescheduled training from 22 through and including 24 January 2014 and then from 27 through and including 31 January 2014 for future drills scheduled during February through May 2014. b. Army Reserve policy permits rescheduled training only within 60 days of the scheduled drill and prohibits rescheduled training for drills scheduled after a Soldier's separation or retirement. 10. The 3 November 2014 letter was sent to the applicant for rebuttal. He responded via email on 13 December 2016. He stated: a. As a member of the TACOM Detachment 6 Reserve unit he was asked by his OIC to perform an inspection of the TACOM Ground Combat Systems (GCS) before he retired on 31 January 2014. He did the inspection in rescheduled drill status with approval from his OIC. It was standard practice to perform rescheduled duty/drills as far out as necessary to accomplish their mission mostly because they were understaffed and trying to work within budget and time constraints. As for the afore mentioned "policy" indicated by the G-8's attached letter regarding "rescheduling of drill only within 60 days," and "the prohibiting of rescheduling drills after separation or retirement" came into play or surfaced only after he submitted his request for pay for his performed duty and/or after he requested assistance from his congressional representative. It never seemed to be an issue before and he did not know it would be an issue after retirement, as the duty was still performed before his retirement date. b. His expectation was that he would get paid for the duty performed and if he would have had any inclination he was not going to get paid he would not have performed the duty. He is sure if his OIC was aware of this policy she would not have asked him to perform the duty. With this said, he could have possibly done things differently such as performing this duty in an annual training status and then there would have been no problem. However, from what he can remember the reason they did this in an drill status was because the TACOM inspection date kept slipping to the right and submitting for annual training orders was going to be a challenge because of short notice. Performing the inspection in a drill status was a good option to accomplish the mission. He asks this Board to consider the challenges he faced trying to execute the TACOM GCS inspection and grant his relief by authorizing the appropriate compensation for his time/effort. REFERENCE: 1. AR 140-1 provides policy guidance on the mission, organization, and training of the USAR. Chapter 3 addresses "Rescheduled Training (RST)." RST enhances the ability of the unit to perform its assigned mission. Commanders should use the RST to increase flexibility in scheduling training activities that directly affect the unit’s training status. Commanders will ensure the RST is not abused and that the Soldier or subsection performing the RST is contributing directly to the unit’s mission. Such training should be accomplished by complete subordinate elements of the unit, i.e. team, section, squad, platoon, or composite group as directed by the commander, whenever possible. The period of training for the RST will be of the same duration as that scheduled for the unit training assembly or multiple unit training assembly (UTA/MUTA). All RSTs must be approved before the UTA or MUTA for which it is substituted. All participants must be identified by name or by their subsections in the approving document. Commanders will use RST when they feel a training activity is better accomplished at a time, date, and/or location other than the scheduled UTA/MUTA. The training activities may be scheduled for subsections of the unit or for individual soldiers. RST will not be granted for the following situations: * convenience of the Soldier; however, employment conflicts, overtime, schooling, loss of income, verified medical problems or personal emergencies, may in the judgment of the unit commander, justify RST authorization * attendance at conventions or seminars, professional conferences, trade association meetings, or similar gatherings * if it would cause the soldier to exceed 48 paid assemblies in a fiscal year 2. Paragraph 3-26 (Training of individual Soldiers in a nonpay status) of AR 140-1 provides guidance for Soldiers to earn retirement points in a non-pay status when the Soldier is in an Active Reserve Status. Individuals may take part in individual training to perform duties such as recruiting, being a member of a duly authorized board, conducting or reviewing medical examinations or related duties, and inspections directed by competent authority. 3. Headquarters, U.S. Army Reserve Command Memorandum, dated 4 August 2014, Subject: Supplemental Guidance to the Army Reserve Command Training Guidance for Fiscal Years 2014-2015, 11 December 2013, provides guidance to commanders. Paragraph 7(c) addresses Rescheduled Training (RST). It states an interim guidance would be implemented until it is incorporated into AR 140-1. Commanders of units sourced for deployment may authorize condensed inactive duty training (IDT) for pre-mobilization training. The RST window can be expanded to 60 days before and after the assembly date (total – 120 day window). This provides Commanders additional flexibility to support their training strategy, while supporting Soldiers, families, and employers. RST will not be granted for assemblies scheduled while a Soldier is in a mobilization status or after the Soldier's date of separation, retirement, transfer to the Individual Ready Reserve (IRR) or for assemblies outside the RST window that were conducted prior to the Soldier's assignment to the unit. 4. Department of Defense Instruction (DODI) 1215.07 (Service for Non-Regular Retirement) provides, in pertinent part, instruction for eligibility for retirement point credit for non-regular retirement. It states that members of the Reserve Component in a retired status may be credited with active and inactive duty service. DISCUSSION: 1. RST is training placed on the unit training schedule for subsections of the unit or for individuals at a time, date, and location other than the regularly scheduled unit training assembly (RSUTA). RST enhances the ability of the unit to perform its assigned mission. 2. The applicant contends that he was not paid for IDT authorized by his chain of command and performed before his retirement for scheduled training periods that occurred after his retirement. The applicant retired from the USAR on 31 January 2014. His Commander permitted him to perform RST from 22 through 24 January 2014 and from 27 through 31 January 2014 for future drills scheduled during February through May 2014. He performed IDT for 8 days with each day authorized two retirement points based on an 8-hour training period for a total of 16 retirement points. 3. Commanders of units sourced for deployment may authorize condensed IDT for pre-mobilization training. The RST window can be expanded to 60 days before and after the assembly date. This provides commanders additional flexibility to support their training strategy and supports Soldiers and their families. 4. Here the chain of command erred in permitting the applicant to perform training for future drills. As a matter of Army policy, RST for pay is not authorized for assemblies scheduled after the Soldier's date of separation, retirement, or transfer to the Individual Ready Reserve (IRR). However, the applicable DODI does state that retired members of the Reserve Component may be credited with active and inactive duty points. Therefore, giving due consideration to the fact the applicant performed duty as verified by his OIC and authorized by his Commander, the Board could consider granting an exception to policy and authorizing him pay and retirements points for the inspection. As there is no approved RST form for duty performed on 20 January 2014, at best the Board could consider awarding him one retirement point for the 4 hours of duty as verified by his OIC. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013445 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013445 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2